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., 02/08/2025
E.g., 02/08/2025

In this Durham County case, defendant appealed after pleading guilty to crimes against nature and sexual battery, arguing his waiver of indictment was invalid because he was not represented by counsel at the time. The Court of Appeals disagreed, affirming the judgment against defendant. 

Defendant was indicted for statutory rape, kidnapping, and related charges in February of 2017. From his first appearance to the trial, defendant was provided five court-appointed attorneys, either as representation or standby counsel after defendant decided to represent himself. At the time defendant signed a waiver of indictment, he was not represented by counsel but had standby counsel available; the standby counsel did not sign the waiver. 

Defendant’s argument relied on G.S. 15A-642, specifically the provisions in subsection (b) that prohibit waiver of indictment when “the defendant is not represented by counsel” and subsection (c) that reference signature by defendant and his attorney. The court reviewed the three cases cited by defendant to support his argument, holding “[defendant’s] case is distinguishable because he had previously waived multiple appointed counsels and had elected to proceed pro se.” Slip Op. at 6-7. Moving to the statute, the court first explained that defendant had used the appointed counsel system to delay his trial and had knowingly proceeded without counsel when waiving the indictment. The court also determined that any prejudicial error by the trial court was invited by defendant, explaining that defendant “created any purported error of proceeding unrepresented through his own demands when signing the Waiver of Indictment after he deliberately chose to proceed pro se.” Id. at 10. 

The defendant pled guilty to controlled substance offenses pursuant to a bill of information and waiver of indictment. In an MAR, the defendant argued that the pleadings were defective and the trial court lacked jurisdiction because the waiver of indictment was not signed by his attorney. The trial court denied the MAR, finding that the pleadings substantially complied with the statute, but the appellate court reversed and remanded with instructions to grant the MAR and vacate the judgment. The requirements listed in G.S. 15A-642 for a waiver of indictment, including the signature of the defendant’s attorney, are mandatory. Therefore, the waiver in this case was “invalid without Defendant’s attorney’s signature, depriving the trial court of jurisdiction to accept Defendant’s guilty plea and enter judgment.”

The trial court erred by denying the defendant’s motion for appropriate relief alleging that the trial court lacked subject matter jurisdiction to enter judgment where the defendant was charged with a bill of information that did not include or attach a waiver of indictment. G.S. 15A-642 allows for the waiver of indictment in non-capital cases where a defendant is represented by counsel. The statute further requires: “Waiver of Indictment must be in writing and signed by the defendant and his attorney. The waiver must be attached to or executed upon the bill of information.” G.S. 15A-642(c). The court rejected the State’s argument that the statute’s requirements about waiver of indictment were not jurisdictional.

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