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., 09/26/2021
E.g., 09/26/2021

Rejecting the defendant’s argument that the State failed to present evidence of an attempted taking, the court held that there was sufficient evidence of attempted robbery. The defendant’s accomplice testified that the defendant planned the robbery with her; the defendant waited in a vehicle until the accomplice went into the residence and sent him a message with the location of each individual inside; the defendant entered the apartment and went directly to the victim’s bedroom; and the defendant proceeded to wield his firearm in a threatening manner towards the victim. The court noted that while there was no testimony that the defendant made a specific demand for money, an actual demand for the victim’s property is not required.

A taking occurred when the defendant grabbed the victim’s cell phone from his pocket and threw it away. The fact that the taking was for a relatively short period of time is insignificant.

The evidence was sufficient to establish that the defendant took the victim’s car when the defendant forced the victim at gunpoint to take the defendant as a passenger in the vehicle. The fact that the victim was “still physically present in the car cannot negate the reasonable inference that defendant’s actions were sufficient to bring the car under his sole control.”

The trial court erred by denying the defendant’s motion to dismiss a charge of attempted armed robbery when there was no evidence that the defendant attempted to take the victim’s personal property. Because the defendant’s conviction for felony breaking or entering was based on an intent to commit armed robbery, the trial court also erred by failing to dismiss that charge.

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