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.

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E.g., 09/18/2021
E.g., 09/18/2021
State v. Miller, 368 N.C. 729 (Mar. 18, 2016)

On discretionary review of a unanimous, unpublished decision, the court held that the Court of Appeals improperly dismissed the State’s appeal on grounds that the trial court’s order had not been properly entered. The court noted that in a criminal case, a judgment or order is entered when the clerk of court records or files the judge’s decision; entry of an order does not require that the trial court’s decision be reduced to writing. Here, after the superior court announced its decision to affirm the district court order, the courtroom clerk noted in the minutes that “Court affirms appeal. State appeals court ruling.” As a result, the order from which the State noted its appeal was properly entered.

The trial court’s oral, in-court denial of the defendant’s motions, memorialized on form AOC-CR-305 (Judgment/order or other disposition) constituted entry of an order notwithstanding the fact that the trial judge stated that “ADA Mark Stevens will prepare the order” and no such order was prepared. 

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