Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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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Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Motor Vehicle Offenses > Impaired Driving
In an impaired driving case, citation language alleging that the defendant acted “willfully” was surplusage.
Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Motor Vehicle Offenses > Felony Speeding to Elude
An indictment charging felonious speeding to elude arrest and alleging an aggravating factor of reckless driving was not required to specify the manner in which the defendant drove recklessly.
Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Motor Vehicle Offenses > Habitual Impaired Driving
The trial court did not err by allowing the State to amend a habitual impairing driving indictment that mistakenly alleged a seven-year look-back period (instead of the current ten-year look-back), where all of the prior convictions alleged in the indictment fell within the ten-year period. The language regarding the seven-year look-back was surplusage.