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

The superior court erred by denying the State a de novo hearing from the district court’s preliminary determination that the defendant’s motion to suppress should be granted. At issue was whether G.S. 20-38.7(a) “requires more than a general objection by the State to the district court judge’s...

Following Fowler, discussed above, and holding that G.S. 20-38.6(f) does not violate the defendant’s substantive due process, procedural due process or equal protection rights. Also finding no violation of the constitutional provision on separation of powers.

Following Fowler, discussed above, and dismissing as interlocutory the State’s appeal from a decision by the superior court indicating its agreement with the district court’s pretrial indication pursuant to G.S. 20-38.6(f).

State v. Fowler, 197 N.C. App. 1 (May. 19, 2009)

A defendant, charged with DWI, made a pretrial motion in district court under G.S. 20-38.6(a) alleging that there was no probable cause for his arrest. The district court entered a preliminary finding granting the motion under G.S. 20-38.6(f) and ordering dismissal of the charge. When the state...

The state’s notice of appeal to superior court of the district court’s preliminary notice of its intention to grant the defendant’s motion to suppress in a DWI case was properly perfected. The court cited Fowler (discussed above), and noted that the procedures in G.S. 15A-1432(b) are a...

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