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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State v. Clagon, 279 N.C. App. 425, 2021-NCCOA-497 (Sept. 21, 2021)
Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Resisting an Officer, Obstruction & Related Offenses > Witness Intimidation

In this intimidating a witness case, the indictment alleged that the defendant told one person, Derstine, to tell another, Ramos, that the defendant would have Ramos deported if he testified against the defendant.  Evidence at trial tended to show that Ramos did not actually receive this message...
State v. Barnett, 245 N.C. App. 101 (Jan. 19, 2016) rev’d in part on other grounds, 369 N.C. 298 (Dec 21 2016)
Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Resisting an Officer, Obstruction & Related Offenses > Witness Intimidation

The State was not required to prove a specific case number alleged in an indictment charging deterring an appearance by a State witness in violation of G.S. 14-226(a). The case number was not an element of the offense and the allegation was mere surplusage. 
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