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., 09/18/2021
E.g., 09/18/2021

The trial court lacked subject matter jurisdiction to enter an order denying the defendant’s motion for post-conviction DNA testing pursuant to G.S. 15A-269 while the defendant’s appeal from the original judgment of conviction was pending. The defendant was convicted of an attempted sexual offense and sentenced on 10 November 2014. The defendant gave notice of appeal that day. On 6 April 2016, while his appeal was pending in the court of appeals, the defendant filed a pro se motion for post-conviction DNA testing pursuant to G.S. 15A-269. The trial court denied the defendant’s motion. The defendant timely filed notice of appeal from this denial. Then, on 16 August 2016, the court of appeals issued an opinion in defendant’s original appeal, vacating his sentence and remanding the case to the trial court for re-sentencing. The mandate issued on 6 September 2016. The court noted that once a notice of appeal has been filed, the trial court retains jurisdiction only over matters that are ancillary to the appeal. The trial court’s order on the defendant’s post-conviction motion was not such a matter. The court concluded:

In the instant case, the trial court was divested of jurisdiction when defendant filed notice of appeal from the judgment entered on his conviction . . . on 10 November 2014. Because defendant’s motion for post-conviction DNA testing opened an inquiry into a case that this Court was already reviewing, the trial court lacked jurisdiction to rule on it until after the case was returned to the trial court by way of mandate, which issued on 6 September 2016. We therefore must vacate the trial court’s order denying defendant’s motion for post-conviction DNA testing.

Show Table of Contents