Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

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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

In this drug trafficking case, the trial court did not err in quashing a subpoena the defendant issued to a North Carolina Department of Revenue employee to testify at trial and produce “[a]ll documents related to the Unauthorized Substance Tax action against [defendant].” In part because the relevant statute in effect at the time provided that information obtained by the Department cannot be used in evidence in a criminal prosecution, the trial court did not abuse its discretion in quashing the subpoena.

The trial court erred by ordering, under threat of contempt, that defense counsel’s legal assistant appear as a witness for the State. The State served the assistant with a subpoena directing her to appear to testify on the weeks of Friday, November 8, 2013, Monday, December 2, 2013, and Monday, January 13, 2014. However, the trial did not begin on any of the dates listed on the subpoena; rather, it began on Monday, November 18, 2013 and ended on Wednesday, November 20, 2013. Because the assistant had not been properly subpoenaed to appear on Tuesday, November 19th, the trial court erred by ordering, under threat of contempt, that she appear on that day as a witness for the State. The court went on to find the error prejudicial and ordered a new trial.

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