Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

About

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

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E.g., 09/26/2021
E.g., 09/26/2021
State v. Williams, 363 N.C. 689 (Dec. 11, 2009)

The trial court did not err by failing to rule on the defendant’s pro se motions, made when the defendant was represented by counsel.

The court declined to consider the defendant’s pro se MAR on grounds that he was represented by appellate counsel. It noted that having elected for representation by appointed counsel, the defendant cannot also file motions on his own behalf or attempt to represent himself; a defendant has no right to appear both by himself and by counsel.

Because the defendant’s lawyer adopted the defendant’s pro se filing under G.S. 15A-711 by submitting evidence to the trial court in support of it, the trial court properly considered the pro se filing, made while the defendant was represented by counsel.

The trial court did not err by considering the defendant’s pro se speedy trial motion, filed when he was represented by counsel.

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