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., 11/27/2021
E.g., 11/27/2021

In this robbery case involving multiple victims, the trial court did not abuse its discretion by denying the defendant’s motion to sequester the victim-witnesses where the defendant offered no basis for his motion.

Based on the facts presented in this child sexual assault case, the trial court did not abuse its discretion by denying the defendant’s request to sequester witnesses. The court noted however that “the better practice should be to sequester witnesses on request of either party unless some reason exists not to.” (quotation omitted).

The trial court did not abuse its discretion by denying the defendant’s motion to sequester the State’s witnesses. In support of sequestration, defense counsel argued that there were a number of witnesses and that they might have forgotten about the incident. The court noted that neither of these reasons typically supports a sequestration order and that counsel did not explain or give specific reasons to suspect that the State’s witnesses would be influenced by each other’s testimony. The court also held that a trial court is not required to explain or defend a ruling on a motion to sequester.

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