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

Navigate using the table of contents to the left or by using the search box below. Use quotations for an exact phrase search. A search for multiple terms without quotations functions as an “or” search. Not sure where to start? The 5 minute video tutorial offers a guided tour of main features – Launch Tutorial (opens in new tab).

E.g., 10/26/2021
E.g., 10/26/2021

In 2013, the defendant’s car collided with another vehicle, killing its driver. The defendant was taken to the hospital, where he was treated and released. The State later obtained an order directing the hospital to provide the defendant’s medical records and blood. Tests of the blood...

The defendant was seen handling a black box in connection with a possible drug transaction/ransom payment. The next day, officers found a black box full of cocaine in the woods nearby. The defendant was charged with and convicted of trafficking by possession. He appealed, arguing that the State’...

On appeal from a divided panel of the Court of Appeals, State v. Parisi, ___ N.C. App. ___, 817 S.E.2d 228 (2018) (discussed in an earlier blog post by Shea Denning, https://nccriminallaw.sog.unc.edu/got-...

On appeal from a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 795 S.E.2d 374 (2016), the court reversed, holding that the defendant’s Fourth Amendment claims regarding the traffic stop are not reviewable on direct appeal, even for plain error, because the defendant waived them...

In this capital murder case, the trial court did not err by denying the defendant’s motion to dismiss a first-degree murder charge. The defendant argued that the State failed to present sufficient evidence to establish that he was the perpetrator. The court noted that the State’s evidence tended...

State v. McCrary, 368 N.C. 571 (Dec. 18, 2015)

In a per curiam opinion, the supreme court affirmed the decision below, State v. McCrary, __ N.C. App. __, 764 S.E.2d 477 (2014), to the extent it affirmed the trial court’s denial of the defendant’s motion...

State v. Bartlett, 368 N.C. 309 (Sept. 25, 2015)

The court reversed the decision below, State v. Bartlett, 231 N.C. App. 417 (Dec. 17, 2013), holding that a new suppression hearing was required. At the close of the suppression hearing, the superior court judge orally granted the defendant’s motion and asked counsel to prepare a...

State v. Cox, 367 N.C. 147 (Nov. 8, 2013)

The court reversed the decision below, State v. Cox, 222 N.C. App. 192 (2012), which had found insufficient evidence to support a conviction of felon in possession of a firearm under the corpus delicti rule. The defendant confessed to possession of a firearm recovered by officers ten to...

State v. Miles, 366 N.C. 503 (Apr. 12, 2013)

The court per curiam affirmed the decision below, State v. Miles, 222 N.C. App. 593 (Aug. 21, 2012), a murder case in which the court of appeals held, over a dissent, that the trial court did not err by denying the defendant’s motion to dismiss. The court of appeals held that there was...

State v. Carver, 366 N.C. 372 (Jan. 25, 2013)

The court per curiam affirmed State v. Carver, 221 N.C. App. 120 (June 5, 2012), in which the court of appeals held, over a dissent, that there was sufficient evidence that the defendant perpetrated the murder. The State’s case was entirely circumstantial. Evidence showed that at the...

State v. Oates, 366 N.C. 264 (Oct. 5, 2012)

The court reversed State v. Oates, 215 N.C. App. 491 (Sept. 6, 2011), and held that the State’s notice of appeal of a trial court ruling on a suppression motion was timely. The State’s notice of appeal was filed seven days after the trial judge in open court orally granted the defendant...

State v. Salinas, 366 N.C. 119 (June 14, 2012)

Modifying and affirming State v. Salinas, 214 N.C. App.408 (Aug. 16, 2011) (trial court incorrectly applied a probable cause standard instead of a reasonable suspicion standard to a vehicle stop), the court held that the trial court may not rely on allegations contained in a defendant’s...

State v. Sweat, 366 N.C. 79 (June 14, 2012)

The court affirmed the holding of State v. Sweat, 216 N.C. App. 321 (Oct. 18, 2011), that there was sufficient evidence of fellatio under the corpus delicti rule to support sex offense charges. The court clarified that the rule imposes different burdens on the State:

...

State v. Joe, 365 N.C. 538 (Apr. 13, 2012)

Although a trial court may grant a defendant's motion to dismiss under G.S. 15A–954 or –1227 and the State may enter an oral dismissal in open court under G.S. 15A–931, the trial court has no authority to enter an order dismissing the case on its own motion.

State v. Lewis, 365 N.C. 488 (Apr. 13, 2012)

Affirming the court of appeals, the court held that on a retrial the trial court erred by applying the law of the case and denying the defendant’s motion to suppress. At the defendant’s first trial, he unsuccessfully moved to suppress the victim’s identification as unduly suggestive. That issue...

State v. Pastuer, 365 N.C. 287 (Oct. 7, 2011)

An equally divided court left undisturbed the court of appeals’ decision in State v. Pastuer, 205 N.C. App. 566 (July 20, 2010) (holding that the trial court erred by denying the defendant’s motion to dismiss a charge alleging that he murdered his wife; the State’s case was based...

Stat v. Phillips, 365 N.C. 103 (June 16, 2011)

The court rejected the capital defendant’s argument that the trial court’s findings of fact as to whether he had consumed impairing substances before making an incriminating statement to the police were insufficient. The court reviewed the trial court’s detailed findings and found them...

State v. Smith, 362 N.C. 583 (Dec. 12, 2008)

Under the corpus delecti rule, there was insufficient evidence independent of the defendant’s extrajudicial confession to sustain a conviction for first-degree sexual offense; however, there was sufficient evidence to support an indecent liberties conviction. Note: under the rule, the state may...

In this case involving possession of a firearm by a felon and carrying a concealed weapon, (1) binding caselaw required that the defendant’s conviction for felon in possession be vacated because the indictment was fatally defective; and (2) the trial court’s ruling on the defendant’s motion to...

In this Rowan County case, the defendant was convicted of felony murder based on an underlying felony of robbery with a dangerous weapon and first-degree murder based on premeditation and deliberation. The defendant was charged after one of his coworkers, Arthur Davis, was found dead in...

In this Cleveland County case, the defendant was charged with multiple drug crimes and with being a habitual felon. On the day of trial, the defendant made a motion to continue, telling the court that he did not have time to go over the case with his lawyer. After a discussion with the...

On remand from the North Carolina Supreme Court, this Alamance County case involved a medical blood draw from a defendant suspected of driving while impaired and second-degree murder. The Court of Appeals previously determined that the seizure of the defendant’s medical records without a...

The defendant was convicted of armed robbery and resisting a public officer in Columbus County. Immediately before trial, the defendant moved to continue the case. He argued that he had only just received and reviewed recorded statements of the robbery victim and needed time to subpoena the...

In this Chatham County case, the State appealed from an order suppressing DNA evidence. The defendant was serving a life sentence for felony murder stemming from a robbery and killing in 1975. In 2008, the Court of Appeals ruled that inmates serving life under the Fair Sentencing Act were...

In a prior decision, State v. Swain, 259 N.C. App. 253 (2018) (“Swain I”), the defendant appealed the trial court’s denial of his motion to suppress. The defendant argued that the cocaine discovered in this drug trafficking case was based on a...

The defendant in this case previously appealed his convictions for possession of a firearm by a felon, trafficking in heroin, PWISD cocaine, and attaining habitual felon status. The Court of Appeals found no error in State v. Wynn, 264 N.C. App. 250 (2019) (...

In this felony murder  and armed robbery case, the trial court did not err by denying the defendant’s motion for a continuance to allow time to review evidence the State intended to introduce to rebut the defendant’s expert testimony that he acted with diminished capacity, or in the alternative...

The defendant was charged with impaired driving, was convicted in district court, appealed to superior court, and prevailed on a motion to suppress at a pretrial hearing in superior court. The State appealed. (1) The Court of Appeals rejected the State’s argument that the superior court judge...

An officer patrolling the parking area of a park just before closing discovered the defendant asleep in her car. Based on the defendant’s positioning, he was concerned there might be a medical emergency, so he knocked on the window of her car. After he knocked several times, the defendant sat up...

The defendant was arrested for impaired driving. Because of his extreme intoxication, he was taken to a hospital for medical treatment. The defendant was belligerent and combative at the hospital, and was medicated in an effort to calm his behavior. After the defendant was medically subdued, a...

The defendant pled guilty to two counts of manufacturing methamphetamine after the trial court denied his motion to suppress items seized during a search. The case came back before the court of appeals on remand from the supreme court for reconsideration in light of State v. Ledbetter,...

Officers obtained a search warrant to search the defendant’s house. They executed the warrant, found drugs, and charged the defendant with drug offenses. The defendant moved to suppress, arguing that the warrant contained material misrepresentations and did not provide probable cause to support...

In this child sexual assault case, the defendant failed to show prejudice caused by the trial court’s denial of the defendant’s motion for a continuance. That motion asserted that the district attorney did not file an adequate trial calendar 10 or more days before trial in violation of G.S. 7A-...

In this child sexual assault case, there was substantial independent evidence to support the trustworthiness of the defendant’s extrajudicial confession that he engaged in vaginal intercourse with the victim on at least three occasions and therefore the corpus delicti rule was satisfied. The...

In this drug case, the defendant failed to preserve her argument that the trial court erred by failing to sua sponte conduct a hearing to confirm that the defendant’s in-custody statements to law enforcement were knowing and voluntary. The defendant did not move to suppress the statements before...

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...

The trial court did not err by denying the defendant’s motion to dismiss a charge of first-degree murder. On appeal the defendant argued that the State failed to introduce sufficient evidence with respect to an unlawful killing and the defendant’s identity as the perpetrator.

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The court rejected the defendant’s argument that the findings and conclusions made by the trial court from the bench with respect to his motions to suppress are insufficient because the trial court expressly ordered the State to prepare written orders on the motions but the State failed to do so...

In this first-degree felony-murder and discharging a weapon into an occupied dwelling case, the trial court did not err by denying the defendant’s motion to dismiss the charges on grounds that there was insufficient evidence establishing that the defendant was the perpetrator. Among other things...

The trial court did not err by denying the defendant’s motion to dismiss a charge of first-degree rape. Because the victim could not remember the incident, she was unable to testify that she had been raped or that the defendant was the perpetrator. The evidence showed that while out with friends...

In this case, involving habitual impaired driving, driving while license revoked, and reckless driving, the corpus delicti rule was satisfied. The defendant argued that no independent evidence corroborated his admission to a trooper that he was the driver of the vehicle. The court disagreed,...

State v. Blankenship, ___ N.C. App. ___, 814 S.E.2d 901 (Apr. 17, 2018) temp. stay granted, ___ N.C. ___, 812 S.E.2d 666 (May 3 2018)

In this child sexual assault case, the trial court erred by denying the defendant’s motion to dismiss charges of statutory sexual offense and indecent liberties with a child where the State failed to satisfy the corpus delecti rule. Here, the only substantive evidence was the defendant’s...

At a suppression hearing, the trial court may consider testimony from an officer about a vehicle stop that includes material information not contained in the officer’s contemporaneous reports. On the date of the traffic stop, Trooper Myers—the stopping officer--made handwritten notes in an...

In a case involving convictions for felony breaking or entering, felony larceny, and misdemeanor injury to real property, the trial court did not err by denying the defendant’s motion to dismiss. The property owner was the defendant’s former girlfriend, who was away at the time. The items taken...

In this possession of methamphetamine case, the court rejected the defendant’s argument that her admission to an officer that she possessed “meth” in her bra was insufficient to establish the nature of the controlled substance under the corpus delicti rule. The defendant’s out-of-court statement...

Because the trial court failed to provide its rationale for denying the defendant’s motions to suppress, the court found itself unable to engage in meaningful review with respect to the trial court’s denial of the motions and thus remanded. Although the trial court is only required to make...

In this case involving impaired and reckless driving, the court rejected the defendant’s argument that the State presented insufficient evidence to establish that he was driving the vehicle, in violation of the corpus delicti rule. The court found that the State presented substantial evidence to...

The trial court did not err by denying the defendant’s motion to dismiss a charge of armed robbery asserting that the State failed to establish the corpus delicti of the crime. Specifically, the defendant argued that the State relied solely on his uncorroborated confession, which, under the...

Because the trial court summarily denied the defendant’s motion to suppress, a full hearing with sworn testimony was not required under G.S. 15A-977 (motion to suppress procedure). The defendant’s own affidavit clearly laid out facts establishing that the officer had reasonable suspicion to...

(1) The trial court did not abuse its discretion by denying the defendant’s motion to continue. The court rejected the defendant’s argument that the trial court’s denial of his motion to continue constituted an improper overruling or reversal of an earlier order or ruling by another judge....

The trial court did not err by denying the defendant’s motion to suppress filed under G.S. 15A-980. The defendant argued for suppression of a conviction used in two habitual misdemeanor assault indictments on grounds that it was obtained in violation of his right to counsel. At hearing on the...

In this DWI case, the district court properly dismissed the charges sua sponte. After the district court granted the defendant’s motion to suppress, the State appealed to superior court, which affirmed the district court’s pretrial indication and remanded. The State then moved to...

State v. Todd, ___ N.C. App. ___, 790 S.E.2d 349 (Aug. 16, 2016) rev’d on other grounds, 369 N.C. 707 (Jun 9 2017)

Over a dissent the court held that the evidence was insufficient to support a conviction for armed robbery where it consisted of a single partial fingerprint on the exterior of a backpack worn by the victim at the time of the crime and that counsel rendered ineffective assistance by failing to...

The trial court did not err by denying the defendant’s motion to suppress as untimely under G.S. 15A-976 where the defendant failed to file the motion within the requisite time following receipt of the State’s notice.

The trial court’s order denying the defendant’s motion to suppress in this traffic stop case contained inadequate conclusions of law concerning the validity of the traffic stop. The trial court’s sole conclusion of law is better characterized as a statement of law. A conclusion of law requires...

(1) In a case involving two perpetrators, the trial court properly denied the defendant’s motion to dismiss a robbery charge, predicated on the corpus delicti rule. Although the defendant’s own statements constituted the only evidence that he participated in the crime, “there [wa]s no dispute...

The trial court did not err by denying the defendant’s motion to continue after rejecting his Alford plea, where the defendant did not move for a continuance until the second week of trial. The defendant argued that he had an absolute right to a continuance under G.S. 15A-1023(b) (...

In a case where the defendant pled guilty pursuant to a plea agreement without notifying the State of his intent to appeal the suppression ruling and failed to timely file a notice of intent to appeal, the court dismissed the defendant’s untimely appeal and his petition for writ of certiorari....

On the State’s appeal from a trial court order granting the defendant’s motion to suppress, the court vacated and remanded for new findings of fact and if necessary, a new suppression hearing. After being shot by police, the defendant was taken to the hospital and given pain medication. He then...

The State had no right to appeal the trial court’s order granting the defendant’s motion to dismiss for insufficient evidence, made after the close of all evidence where the trial court erred by taking the defendant’s motion under advisement and failing to rule until after the jury returned its...

The denial of a motion to suppress does not preserve the issue for appellate review in the absence of a timely objection made when the evidence is introduced at trial.

Because the trial court provided the rationale for its ruling on the defendant’s motion to suppress from the bench and there were no material conflicts in the evidence, the trial court was not required to enter a written order.

In this drug and drug conspiracy case, the trial court did not abuse its discretion by denying the defendant’s request for additional time to locate an alleged co-conspirator and his motion to reopen the evidence so that witness could testify when he was located after the jury reached a verdict...

State v. Blow, 237 N.C. App. 158 (Nov. 4, 2014) rev’d on other grounds, 368 N.C. 348 (Sep 25 2015)

In a child sexual assault case, the trial court did not err by denying the defendant’s motion to continue, made on grounds that defense counsel learned of a potential defense witness on the eve of trial. Specifically, defense counsel learned that a psychologist prepared reports on the defendant...

Where the State failed to produce substantial, independent corroborative evidence to support the facts underlying the defendant’s extrajudicial statement in violation of the corpus delicti rule, the trial court erred by denying the defendant’s motion to dismiss charges of participating in the...

Although the trial court made findings of fact in its order denying the defendant’s suppression motion, it erred by failing to make conclusions of law. The court remanded for appropriate conclusions of law.

In an attempted armed robbery case where the defendant was alleged to have acted with others, the trial court did not abuse its discretion by denying the defendant’s motion to continue, made shortly before trial and after a 24-hour continuance already had been granted to the defense. The...

Sufficient evidence supported the defendant’s armed robbery conviction where two eyewitnesses identified the defendant and an accomplice. The court was unpersuaded by the defendant’s citation of articles and cases from other states discussing the weaknesses of eyewitness identification, noting...

There was sufficient evidence that the defendant perpetrated the crime of discharging a weapon into occupied property. Evidence tied a burgundy SUV to the shooting and suggested the defendant was the vehicle’s driver, the defendant fled from police and made statements to them showing “inside”...

In this drug case, the trial court did not violate the defendant’s constitutional rights to due process and effective assistance of counsel by denying a motion to continue. The defendant argued that defense counsel had been appointed only 54 days before trial and had just become aware of...

In an impaired driving case, evidence that the defendant’s BAC was .09 was sufficient to survive a motion to dismiss, notwithstanding evidence that the machine may have had a margin of error of .02. The court concluded: “Defendant’s argument goes to the credibility of the State’s evidence, not...

The trial court did not abuse its discretion by denying defense counsel’s motion to withdraw or in the alternative for a continuance. In the four months prior to trial, the defendant failed to provide counsel with the names of potential defense witnesses. However, no justification was provided...

State v. King, 227 N.C. App. 390 (May. 21, 2013)

In this murder case the trial court did not abuse its discretion by denying the defendant’s motion to continue. The defendant sought the continuance so that he could procure an expert to evaluate and testify regarding the State’s DNA evidence. The court rejected the defendant’s argument that by...

(1) The trial court did not err by denying the defendant’s motion to suppress statements to officers on grounds that they were obtained in violation of G.S. 15A-501(2) (arrested person must be taken before a judicial official without unnecessary delay). After a consensual search of his residence...

The court rejected the defendant’s argument that the trial court erred by denying his motion to dismiss where the defendant’s argument went to issues of credibility.

The trial court erred by failing to issue a written order denying the defendant’s motion to suppress. A written order is necessary unless the court announces its rationale from the bench and there are no material conflicts in the evidence. Here, although the trial court announced its ruling from...

The trial court did not impermissibly place the burden of proof on the defendant at a suppression hearing. Initially the burden is on the defendant to show that the motion is timely and in proper form. The burden then is on the State to demonstrate the admissibility of the challenged evidence....

The evidence was sufficient to sustain a juvenile’s adjudication as delinquent for driving with no operator’s license under the corpus delicti rule. The thirteen-year-old juvenile admitted that he drove the vehicle. Ample evidence, apart from this confession existed, including that the juvenile...

A trial court’s order denying a motion to suppress is not invalid merely because the trial court did not make its findings immediately after the suppression hearing where the trial court later made the required findings. 

The trial court did not err by denying the defendant’s motion to continue trial so that he could locate two alibi witnesses. Both alibi witnesses were served months prior and the trial had already been continued for this purpose.

Where a burglary victim identified the defendant as the perpetrator in court, the rule of State v. Irick, 291 N.C. 480 (1977) (fingerprint evidence can withstand a motion for nonsuit only if there is substantial evidence that the fingerprints were impressed at the time of the crime),did...

There was sufficient evidence that the defendant perpetrated the murder. The defendant’s cell phone was found next to the victim, cell phone records showed that the phone was within one mile of the murder scene around the time of the murder, the defendant gave inconsistent statements about his...

(1) The trial court erred by entering a pretrial order dismissing, under G.S. 15A-954(a)(4), murder, child abuse, and sexual assault charges against the defendant. The statute allows a trial court to dismiss charges if it finds that the defendant's constitutional rights have been flagrantly...

(1) Although a trial court may summarily deny or dismiss a suppression motion for failure to attach a supporting affidavit, it has the discretion to refrain from doing so. (2) In granting the defendant’s motion to suppress, the trial judge erred by failing to make findings of fact resolving...

In granting the defendant’s motion to suppress, the trial judge erred by failing to make findings of fact resolving material conflicts in the evidence. The court rejected the defendant’s argument that the trial court “indirectly provided a rationale from the bench” by stating that the motion was...

The trial court was not required to make written finding of fact supporting its denial of a suppression motion where the trial court provided its rationale from the bench and there were not material conflicts in the evidence.

In re N.J., 221 N.C. App. 427 (June 19, 2012)

The district court erred by failing to make findings of fact or conclusions of law in connection with its ruling on the juvenile’s motion to suppress in violation of G.S. 15A-977, where the trial court failed to provide its rationale for denying the motion. 

There was sufficient evidence that the defendant was the perpetrator of the charged offenses so that the trial court did not err by denying the defendant’s motion to dismiss. The crimes occurred at approximately 1:00 am at the victim’s home. The intruder took a fifty-dollar bill, a change purse...

State v. Foye, 220 N.C. App. 37 (Apr. 17, 2012)

In an impaired driving and driving while license revoked case there was sufficient evidence other than the defendant’s extrajudicial confession to establish that the defendant was driving the vehicle. Among other things, the vehicle was registered to the defendant and the defendant was found...

The trial court abused its discretion by summarily denying the defendant’s motion under G.S. 15A-980 for suppression, in connection with sentencing, of a prior conviction which the defendant alleged was obtained in violation of her right to counsel. The trial court dismissed the motion as an...

In an impaired driving case, there was sufficient evidence apart from the defendant’s extrajudicial confession to establish that he was driving the vehicle. When an officer arrived at the scene, the defendant was the only person in the vehicle and he was sitting in the driver's seat. 

The defendant gave sufficient notice of his intent to appeal the denial of his motion to suppress so as to preserve his right to appeal. The State had argued that defense counsel’s language was not specific enough to put the trial court and prosecution on notice of his intention to appeal the...

State v. Patel, 217 N.C. App. 50 (Nov. 15, 2011)

In a first-degree murder case, the trial court did not err by denying the defendant’s motion to dismiss on grounds of insufficiency of the evidence where the State produced evidence of motive, opportunity, and means as well as admissions by the defendant.

Although there was no material conflict in the evidence as to whether the defendant was impaired when he made a statement, the court held, over a dissent, that there was a material conflict as to whether he was in custody and that the trial court erred by failing to make the necessary findings...

In a case involving a 1972 homicide, the trial judge erred by denying the defendant’s motion to dismiss due to insufficient evidence that he was the perpetrator. When the State presents only circumstantial evidence that the defendant is the perpetrator, courts look at motive, opportunity,...

By orally denying the defendant's motion to suppress, the trial court failed to comply with G.S. 15A-977(f)’s requirement that it enter a written order with findings of fact resolving material conflicts in the evidence. The statute mandates a written order unless the trial court provides its...

The trial court’s denial of a motion to continue in a murder case did not violate the defendant’s right to due process and effective assistance of counsel. The defendant asserted that he did not realize that certain items of physical evidence were shell casings found in defendant’s room until...

The evidence was sufficient to establish that the defendant perpetrated the murder. The defendant was jealous of the victim and made numerous threats toward him; four spent casings found in his bedroom were fired from the murder weapon; on the day of the murder, the victim got into a vehicle...

The trial court did not abuse its discretion by denying the defendant’s motion to continue to test certain hair and fiber lifts from an item of clothing. The defendant had six months to prepare for trial and obtain independent testing, but waited until the day of trial to file his motion, in...

The State presented sufficient evidence that the defendant perpetrated a breaking and entering. The resident saw the defendant break into her home, the getaway vehicle was registered to the defendant, the resident knew the defendant from prior interactions, a gun was taken from the home, and the...

The trial court erred by granting the defendant’s motion to dismiss a charge of felon in possession of a firearm on grounds that the statute was unconstitutional as applied to him. The defendant’s motion was unverified, trial court heard no evidence, and there were no clear stipulations to the...

In a robbery case, the trial court did not err by denying the defendant’s motion to dismiss where there was substantial evidence that the defendant was the perpetrator. The victim, who knew the defendant well, identified the defendant’s voice as that of his assailant; identified his assailant as...

There was sufficient evidence that the defendant perpetrated a murder when, among other things, cuts on the defendant’s hands were visible more than 10 days after the murder; neither the defendant’s nor the victim’s DNA could be excluded from a DNA sample from the scene; DNA from blood stains on...

Any alleged violation of the New Jersey constitution in connection with a stop in that state leading to charges in North Carolina, provided no basis for the suppression of evidence in a North Carolina court.

The trial court erred by failing to make findings of fact and conclusions of law in connection with its denial of the defendant’s motion to suppress. When a trial court’s failure to make findings of fact and conclusions of law is assigned as error, the trial court’s ruling on a motion to...

In a case involving felonious breaking or entering, larceny, and possession of stolen goods, the State presented sufficient evidence identifying the defendant as the perpetrator. The evidence showed that although the defendant did not know the victim, she found his truck in her driveway with the...

Applying the corpus delicti rule (State may not rely solely on the extrajudicial confession of a defendant, but must produce substantial independent corroborative evidence) the court held that the State produced substantial independent corroborative evidence to show that a robbery and rape...

The defendant’s motion to suppress his statement made during a police interview was untimely. The motion was not made until trial and there was no argument that the State failed to disclose evidence of the interview or statement in a timely manner.

The defendant’s motion to suppress was untimely where the defendant had approximately seven weeks of notice that the State intended to use the evidence, well more than the required 20 working days.

The trial court did not violate the defendant’s due process rights by denying the defendant’s motion to continue, which had asserted that pretrial publicity had the potential to prejudice the jury pool and deprive the defendant of a fair trial. No evidence regarding pretrial publicity was in the...

State v. Flint, 199 N.C. App. 709 (Sept. 15, 2009)

The trial court did not abuse its discretion in denying a motion to continue asserting that the State provided discovery at a late date. The defendant failed to show that additional time was necessary for the preparation of a defense.

Remanding for a new suppression hearing where the trial court failed to provide any basis or rationale for its denial of the defendant’s suppression motion. The court “again urge[d] the trial courts . . . to remember ‘it is always the better practice to find all facts upon which the...

Where the State’s evidence in this murder case showed both motive and opportunity, it was sufficient to survive a motion to dismiss on the issue of whether the defendant was the perpetrator.

State v. Wade, 198 N.C. App. 257 (July 21, 2009)

The trial court did not abuse its discretion by denying the defendant’s motion to renew his suppression motion in light of an officer’s trial testimony. There was no additional relevant information discovered during trial that required reconsideration of the motion to suppress.

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