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

In this capital case, the court rejected the defendant’s argument that information he provided his lawyers regarding the location of the victim’s body was inadmissible by virtue of the attorney-client privilege. Here, the trial court correctly determined that the information was not protected by the privilege. Specifically, testimony of defense counsel at a hearing before the trial court plainly established that the defendant communicated the information to counsel with the purpose that it be relayed to law enforcement to assist in the search for the victim. Because the communication was made for the purpose of being conveyed by counsel to others, it was not privileged.

Conversation between the defendant and his lawyer was not privileged because the defendant told his lawyer the information with the intention that it be conveyed to the prosecutor. At a hearing on the defendant’s motion to withdraw his guilty plea, the defendant’s former attorney, who had represented the defendant during plea negotiations, testified over the defendant’s objection. Former counsel testified about a meeting in which the defendant provided former counsel with information to be relayed to the prosecutor to show what testimony the defendant could offer against his co-defendants.

Show Table of Contents