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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In an assault on a female case, the State conceded that the trial court erred by sentencing the defendant to 24 months of supervised probation without making a specific finding, as required by G.S. 15A-1343.2(d), that a probationary period longer than 18 months was necessary. The court...
In this Perquimans County case, defendant appealed the trial court’s finding that he violated the terms of his probation, arguing the trial court extended his probation after the probationary term had expired without a finding of good cause. The Court of Appeals agreed, vacating the order and...
The defendant was a passenger in a car stopped at a traffic checkpoint. An officer smelled marijuana emanating from the vehicle. The defendant told the officer that the marijuana was located in a bag behind the driver’s seat. The officer found a drawstring bag there, which the defendant said was...
The trial court erred by entering a period of probation longer than 18 months without making the findings that the extension was necessary.
The trial court made sufficient findings to support its decision to place the defendant on probation for sixty months.
No statutory authority supported the trial court’s orders extending the defendant’s probation beyond the original 60-month period and they were thus void. The orders extending probation were not made within the last 6 months of probation and the defendant did not consent to the extension. The...
The trial judge violated G.S. 15A-1351 by imposing a period of special probation that exceeded ¼ of the maximum sentence of imprisonment imposed. The trial judge also violated G.S. 15A-1343.2 by imposing a term of probation greater than 36 months without making the required specific findings...