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.

Instructions

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E.g., 11/28/2022
E.g., 11/28/2022

In this Wake County case, the Supreme Court affirmed the Court of Appeals decision denying defendant’s petition for writ of certiorari, and dismissed as improvidently allowed issues related to defendant’s petition for discretionary review and the denial of his petition for writ of mandamus.  ...

In this Johnson County case, defendant was charged with drug related offenses after two searches of his home turned up items and ingredients used in the manufacture of methamphetamine. The first search occurred in September of 2014, and the second occurred in June of 2015. After charges were...

In this Davidson County case, the defendant pled guilty to a drug offense and received 12 months of supervised probation. His probation officer filed a violation report alleging positive drug screens and other violations. At the violation hearing, the defendant chose to represent himself. The...

(1) In this case where the defendant pleaded guilty to felony speeding to elude arrest pursuant to a plea arrangement, he had no statutory right to appeal. 

(2) However, the court considered the defendant’s petition for writ of certiorari which argued that he did not receive notice and an...

Notwithstanding the fact that the court was unable to determine whether the trial court had jurisdiction when it entered judgment in this DWI case, the court held—over a dissent--that it would exercise its discretion to treat the defendant’s appeal as a petition for certiorari in order to reach...

On discretionary review of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 794 S.E.2d 551 (2016) (per curiam), the court reversed, holding that the absence of a procedural rule limits neither the Court of Appeals’ jurisdiction nor its discretionary authority to issue writs of...

Although the defendant failed to timely file a written appeal of the trial court’s sex offender registration and SBM order, the court, in its discretion, allowed the defendant’s petition for writ of certiorari to obtain review of these orders.

In a case where the defendant argued, and the State conceded, that certain indictments were fatally defective, the court held that the defendant had no right under G.S. 15A-1444 to appeal his conviction, entered upon a plea of guilty. Nor had he asserted any grounds under Appellate Rule 21 for...

Under G.S. 15A-1444(e) the defendant had a right to seek the issuance of a writ of certiorari to obtain appellate review of a sentencing proceeding conducted upon his entry of a guilty plea and the court had jurisdiction to issue the writ. The court held that Appellate Rule 21 did not require a...

The Court of Appeals had subject-matter jurisdiction to review, pursuant to the State’s petition for writ of certiorari, a trial court’s grant of its own motion for appropriate relief (MAR). The defendant pleaded guilty to rape of a child by an adult offender and to sexual offense with a child...

Because the provisions of Rule 21 of the Rules of Appellate Procedure prevail over G.S. 15A-1444(e), that rule provides the only circumstances where the court can issue a writ of certiorari: when the defendant lost the right to appeal by failing to take timely action; when the appeal is...

In this Wake County case, defendant appealed his convictions for statutory rape and taking indecent liberties with a child, arguing the trial court improperly excluded testimony from his expert. The Court of Appeals dismissed defendant’s appeal.

In 2019, defendant had sex with a 15-year-...

The defendant was convicted at trial of driving while impaired and habitual DWI in Guilford County. (1) In its discretion, the Court of Appeals granted the defendant’s petitions for writ of certiorari to review the criminal judgment and civil judgment for attorney fees. Following his conviction...

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