Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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
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In this armed robbery case involving a jewelry store heist, the court rejected the defendant’s argument that collateral estoppel precluded the admission of a receipt, identified at trial by witness Kristy Riojas of Got Gold pawn shop. The receipt, issued on the date of the offense, contained an...
The trial court properly applied the doctrine of collateral estoppel when it denied the defendant’s second motion to suppress. The defendant was in possession of a bag containing two separate Schedule I substances, Methylone and 4-Methylethcathinone. He was charged with possession with intent to...
The law of the case doctrine did not prevent the trial court from considering the defendant’s motion for appropriate relief where the issue in question had not been raised or determined in the prior proceeding.
The trial court did not err when during a retrial in a DWI case it instructed the jury that it could consider the defendant’s refusal to take a breath test as evidence of her guilt even though during the first trial a different trial judge had ruled that the instruction was not supported by the...
The trial court did not err by allowing offensive collateral estoppel to establish the underlying felony for the defendant's felony murder conviction. The defendant was charged with felony-murder and an underlying felony of burglary. At the first trial the jury found the defendant guilty of...
The court rejected the defendant’s argument that on a second trial after a mistrial the second trial judge was bound by the first trial judge’s suppression ruling under the doctrine of law of the case. The court concluded that doctrine only applies to an appellate ruling. However, the court...