Smith's Criminal Case Compendium

This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

Instructions

Navigate using the table of contents to the left or by using the search box below. Use quotations for an exact phrase search. A search for multiple terms without quotations functions as an “or” search. Not sure where to start? The 5 minute video tutorial offers a guided tour of main features – Launch Tutorial (opens in new tab).

State v. Corbett & Martens, 376 N.C. 799 (Mar. 12, 2021)

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

Evidence > Hearsay > Hearsay Exceptions > Rule 803(4) – Statements for Medical Diagnosis and Treatment

Evidence > Hearsay > Non-Hearsay

The defendant Molly Corbett was the daughter of the co-defendant, Thomas Marten. The two were charged with second-degree murder and voluntary manslaughter following an altercation with Molly’s husband in Davidson County. The altercation occurred at the couple’s home while Molly’s mother and...

State v. Sargeantt, 365 N.C. 58 (Mar. 11, 2011)

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

Modifying and affirming State v. Sargeant, 206 N.C. App. 1 (Aug. 3, 2010), the court held that the trial court committed prejudicial error by excluding defense evidence of hearsay statements made by a participant in the murder, offered under the Rule 804(b)(5) residual exception. The...

State v. Lester, COA23-115, ___ N.C. App. ___ (Dec. 5, 2023)

Evidence > Crawford Issues & Confrontation Clause > Prior Opportunity to Cross-Examine

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

In this Wake County case, defendant appealed his convictions for statutory rape, statutory sexual offense, and indecent liberties with a child, arguing the admission of hearsay cellphone records violated his rights under the Confrontation Clause of the Sixth Amendment. The Court of Appeals...

State v. Corbett & Martens, ___ N.C. App. ___, ___ S.E.2d ___ (Feb. 4, 2020)

Defendants Molly Martens Corbett (“Molly”) and Thomas Michael Martens (“Tom”), daughter and father, were convicted of second degree murder in the death of Molly’s husband, Jason Corbett (“Jason”). Evidence at trial established that Tom attempted to stop Jason from choking Molly by hitting Jason...

State v. Blankenship, ___ N.C. App. ___, 814 S.E.2d 901 (Apr. 17, 2018) temp. stay granted, ___ N.C. ___, 812 S.E.2d 666 (May 3 2018)

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

Evidence > Hearsay > Hearsay Exceptions > Rule 803(1) – Present Sense Impression

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

In this child sexual assault case, the trial court did not err by admitting hearsay statements of the victim. At issue were several statements by the child victim. In all of them, the victim said some version of “daddy put his weiner in my coochie.”

First, the trial court admitted the...

State v. Choudhry, 206 N.C. App. 418 (Aug. 17, 2010)

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

The trial court did not abuse its discretion by sustaining the State’s objection to a defense proffer of a co-defendant’s hearsay statement indicating that he and the defendant acted in self-defense. The statement was not admissible under Rule 804(b)(3) (statement against interest exception). To...

Show Table of Contents