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., 12/07/2022
E.g., 12/07/2022
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.

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...

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...

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 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 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...

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