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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The defendant was charged with drug offenses. A lawyer was appointed to represent him. Immediately before trial, the defendant stated that he wanted to hire a lawyer instead and could afford to do so. A superior court judge determined that appointed counsel was providing effective assistance and...
In this sexual assault case, the trial court did not err by failing to appoint substitute defense counsel. Absent a Sixth Amendment violation, the decision of whether appointed counsel should be replaced is a discretionary one for the trial court. Here, the defendant informed the trial court...
Where appointed counsel was allowed to withdraw, on the sixth day of a bribery trial, pursuant to Comment 3, Rule 1.16(a) of the N.C. Rules of Professional Conduct, the trial court was not required to appoint substitute counsel. Comment 3 states in relevant part:
Difficulty may...
The trial court did not abuse its discretion by denying an indigent defendant’s request for substitute counsel. The court rejected the defendant’s argument that the trial court erred by failing to inquire into a potential conflict of interest between the defendant and counsel, noting that the...
The trial court did not err by denying defense counsel’s motions to withdraw and for the appointment of substitute counsel. The court rejected the defendant’s argument that he and his trial counsel experienced “a complete breakdown in their communications” resulting in ineffective assistance of...
The trial court did not abuse its discretion by denying the defendant’s motion to replace his court-appointed lawyer. Substitute counsel is required and must be appointed when a defendant shows good cause, such as a conflict of interest or a complete breakdown in communications. However, general...
The trial court did not abuse its discretion by denying the defendant’s request for substitute counsel where there was no evidence that the defendant’s constitutional right to counsel was violated. The defendant waived the right to appointed counsel and retained an attorney. The day after the...
In this Davidson County case, defendant appealed his convictions for two counts of robbery with a dangerous weapon, arguing error in (1) denying his motion for new counsel because his appointed attorney was blind, (2) failing to intervene ex mero motu during his cross examination, and (...