Smith's Criminal Case Compendium

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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E.g., 06/18/2022
E.g., 06/18/2022
Berghuis v. Smith, 559 U.S. 314 (Mar. 30, 2010)

The state supreme court did not unreasonably apply clearly established federal law with respect to the defendant’s claim that the method of jury selection violated his sixth amendment right to be tried by an impartial jury drawn from sources reflecting a fair cross-section of the community. The...

The trial court did not err by denying the defendant’s motion to strike the jury venire. The defendant alleged that his venire was racially disproportionate to the demographics of Mecklenburg County, where he was tried, and therefore deprived him of his constitutional right to a jury of his...

The trial court did not err by denying the defendant’s motion to discharge the jury venire on grounds that the defendants’ race (African-American) was disproportionately underrepresented. To establish a prima facie violation for disproportionate representation in a venire, a defendant must show...

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