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.

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E.g., 06/17/2022
E.g., 06/17/2022

The defendant pled guilty to felony serious injury by vehicle based on a single vehicle accident. The State presented a factual basis for the plea indicating that the defendant’s girlfriend’s infant child was injured and that an analysis of the defendant’s blood showed the presence of Alprazolam...

There was a sufficient factual basis to support the defendant’s guilty plea to robbery charges. The defendant stipulated that a factual basis existed to support his guilty plea and then stipulated to the State’s summary of the factual basis which it provided to the trial court. After the State...

Because there was an insufficient factual basis to support an Alford plea that included an admission to aggravating factors, the court vacated the plea and remanded for proceedings on the original charge. The defendant was charged with the first-degree murder of his wife. He entered an...

There was a sufficient factual basis for the defendant’s pleas to possession of a stolen firearm and possession with intent to sell or deliver a controlled substance. There was evidence that the gun was stolen and that the defendant knew or had reasonable grounds to know that. There was also...

There was a sufficient factual basis for the defendant’s plea to felony breaking or entering where the State’s summary of the evidence was sufficient under G.S. 15A-1022(c). The State indicated that BB&T owned a residence located at 128 Lake Drive in Candler as a result of a foreclosure and...

The prosecutor’s summary of facts and the defendant’s stipulations were sufficient to establish a factual basis for the plea.

There was an adequate factual basis for the defendant’s Alford plea in a child abuse case based on starvation where the trial court heard evidence from a DSS attorney, the victim, and the defendant’s expert witness.

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

Holding, over a dissent, that there was an inadequate factual basis for some of the pleaded-to felonies. While the transcript of plea addressed 68 felony charges plus a habitual felon indictment, the trial court relied solely on the State’s factual basis document, which addressed only 47 charges...

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