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., 09/22/2021
E.g., 09/22/2021

The court rejected the defendant’s argument that denying him a probable cause hearing violated his constitutional rights by depriving him of discovery and impeachment evidence. Relying on State v. Hudson, 295 N.C. 427 (1978) (the defendant failed to show that he was prejudiced by a lack of a hearing), the court noted that in this case, probable cause was twice established: when the warrant was issued and when the grand jury returned the indictments. The defendant’s speculations about discovery and impeachment evidence failed to establish a reasonable possibility that a different result would have been reached at trial had he been given a preliminary hearing.

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