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., 10/21/2021
E.g., 10/21/2021

During the habitual felon trial stage, the jury may consider evidence of a prior felony presented during the trial for the principal offense. Evidence of one prior conviction was presented during the trial for the principal offense; evidence of two prior convictions was introduced in the habitual felon phase. The defendant argued that the evidence was insufficient because the State did not introduce evidence of all three priors at the habitual phase. There is no need to reintroduce evidence presented during the trial for the principal offense at the habitual felon hearing; evidence presented during the trial for the principal offense can be used to prove the habitual felon charge.

Habitual misdemeanor assault cannot serve as a prior felony for purposes of habitual felon.

State v. Holloway, 216 N.C. App. 412 (Oct. 18, 2011)

A conviction for habitual misdemeanor assault can be used as a predicate felony for habitual felon status.

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