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., 06/28/2024
E.g., 06/28/2024

In this Craven County case, defendant appealed her guilty plea to habitual felon status, arguing the reclassification of the offense she was convicted of in Colorado from a felony to a misdemeanor removed the factual basis for her plea. The Court of Appeals majority disagreed, finding no error...

In this Jackson County case, defendant appealed his sentence as a habitual felon, arguing that his South Carolina conviction for larceny could not serve as a predicate conviction for habitual felon purposes as the statute in question no longer classifies the crime as a felony. The Court of...

In this Harnett County case, defendant appealed the denial of his motion for appropriate relief (MAR). The Court of Appeals affirmed the denial of defendant’s MAR and the imposition of life without parole.

Defendant first pleaded guilty to second degree kidnapping, a class E felony, in...

During the habitual felon trial stage, the jury may consider evidence of a prior felony presented during the trial for the principal offense. Evidence of one prior conviction was presented during the trial for the principal offense; evidence of two prior convictions was introduced in the...

Habitual misdemeanor assault cannot serve as a prior felony for purposes of habitual felon.

State v. Holloway, 216 N.C. App. 412 (Oct. 18, 2011)

A conviction for habitual misdemeanor assault can be used as a predicate felony for habitual felon status.

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