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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The trial court had no statutory authority to enter a bail bond forfeiture where the defendant was not “released” from custody within the meaning of Article 26 of G.S. Chapter 15A because he was subject to an ICE detainer, was picked up by federal agents, and was deported to Mexico. In 2018,...
On remand from the Supreme Court, __ N.C. __, 814 S.E.2d 39 (June 8, 2018), of this DWI case, the Court of Appeals declined to exercise its discretion to grant the defendant’s petition for a writ of certiorari to review her claim that the trial court erred by denying her motion to dismiss. The...
In a case where the defendant was found guilty of abduction of a child, statutory rape and second-degree sexual exploitation, the trial court rejected the defendant’s argument that his constitutional right to a fair trial was violated when the State admitted into evidence his affidavit of...
In this Durham County case, defendant appealed his convictions for first-degree kidnapping, three counts of assault, and interfering with emergency communications, arguing (1) he was prejudiced by not receiving a pretrial release hearing under G.S. 15A-534.1, (2) double jeopardy for his multiple...
Even if the magistrate erred by ordering an “option bond” that gave the defendant a choice between paying a $1,000 secured bond or a $1,000 “unsecured bond and being released to a sober, responsible adult” without making written findings of fact to support the secured bond, the defendant failed...
A district court judge did not err by failing to follow an administrative order issued by the senior resident superior court judge when that order was not issued in conformity with G.S. 15A-535(a) (issuance of policies on pretrial release). The administrative order provided, in part, that “the...