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., 09/22/2021
E.g., 09/22/2021
State v. Defoe, 364 N.C. 29 (Apr. 15, 2010)

The 2001 amendments to the capital sentencing statutes revoked the statutory mandate that provided the rationale for State v. Rorie, 348 N.C. 266 (1998) (holding that the trial court exceeded its authority to enforce Rule 24 by precluding the State from prosecuting a first-degree murder case capitally). Thus, the trial court has inherent authority to enforce Rule 24 by declaring a case noncapital in appropriate circumstances. Declaring a case noncapital is appropriate only when the defendant makes a sufficient showing of prejudice resulting from the State’s delay in holding the Rule 24 conference. In this case, the defendant did not show sufficient prejudice to warrant declaring the cases noncapital. 

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