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

Navigate using the table of contents to the left or by using the search box below. Use quotations for an exact phrase search. A search for multiple terms without quotations functions as an “or” search. Not sure where to start? The 5 minute video tutorial offers a guided tour of main features – Launch Tutorial (opens in new tab).

E.g., 09/17/2021
E.g., 09/17/2021

(1) Over a dissent, the court held that the trial court properly conducted a de novo sentencing hearing on remand from the appellate division. Notwithstanding the fact that the new sentence was the same as the original sentence, the court rejected the defendant’s argument that the trial court merely deferred to the prior judge’s sentencing determination. (2) On remand the trial court did not err by leaving the original restitution order in place against the defendant. The appellate decision remanding the case found no error with respect to the amount of restitution; that decision thus “clearly resolved and foreclosed any consideration” of the originally entered restitution award.

On remand, the trial court properly conducted a de novo sentencing hearing. 

The court rejected the defendant’s argument that the trial court did not appreciate that a resentencing hearing must be de novo. 

State v. Paul, 231 N.C. App. 448 (Dec. 17, 2013)

On remand for resentencing, the trial court did not violate the law of the case doctrine. The resentencing was de novo and the trial court properly considered the State’s evidence of an additional prior felony conviction when calculating prior record level.

(1) The trial court properly conducted a de novo review on resentencing, even though the defendant was sentenced to the same term that he received at the original sentencing hearing. (2) At a resentencing during which new evidence was presented, the trial court did not err by failing to find a mitigating factor of limited mental capacity, a factor that had been found at the first sentencing hearing.

Show Table of Contents