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., 06/26/2022
E.g., 06/26/2022

In this indecent liberties case, the defendant waived any right of appellate review with respect to his arguments challenging admission of his inculpatory statements (he had asserted a Miranda violation and that the statements were involuntary). The defendant has the burden of establishing that...

In this child sexual assault case, the court reversed the trial court’s order denying the defendant’s Motion for Appropriate Relief (MAR) seeking a new trial for ineffective assistance of counsel related to opinion testimony by the State’s expert. The defendant was convicted of sexual offenses...

In this child sex offense case, because the record was insufficient to allow review of the defendant’s claim that he received ineffective assistance of counsel at trial, the court dismissed the appeal without prejudice to the defendant’s right to pursue the claim in a motion for appropriate...

The court declined to address the defendant’s claim that he received ineffective assistance of counsel when his lawyer failed to object to and agreed to the admission of a hearsay statement and failed to request a jury instruction on the ultimate user exception to the Control Substances Act. The...

Considering the merits of the defendant’s ineffective assistance of counsel claim on direct appeal from his conviction of felony assault, the court held that the defendant did not receive ineffective assistance of counsel when trial counsel consented to a mistrial at the first trial. Analyzing...

Finding the record in this child sexual assault case insufficient to rule on the defendant’s ineffective assistance of counsel claim, the court denied the claim without prejudice to the defendant’s right to assert it in a MAR proceeding. The defendant argued that he received ineffective...

The court dismissed the defendant’s claim that counsel’s trial strategy constituted ineffectiveness under Strickland. This claim was dismissed without prejudice to the defendant’s right to assert the claim in a Motion for Appropriate Relief.

The defendant’s claim that trial counsel was ineffective by failing to object to a videotape of the defendant’s interrogation was properly considered on appeal. Although the defendant asked the court to dismiss his claim without prejudice to raise it in a motion for appropriate relief, he failed...

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