Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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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The court reversed State v. Moore, 209 N.C. App. 551 (Feb. 15, 2011) (holding that the evidence was insufficient to support an award of restitution of $39,332.49), and held that while there was some evidence to support the restitution award the evidence did not adequately support the...
The court reversed State v. Mumford, 201 N.C. App. 594 (Jan. 5, 2010) (trial court erred in its order requiring the defendant to pay restitution; vacating that portion of the trial court’s order), and held that although the trial court erred by ordering the defendant to pay restitution...
In this Buncombe County case, defendant argued error by the trial court when ordering that she pay restitution of $11,000. The Court of Appeals found no error and affirmed the judgment.
The current opinion represents the second time this matter came before the Court of Appeals; previously...
The defendant was charged with and convicted of dogfighting and related offenses in Orange County. (1) He argued the evidence was insufficient to establish his specific intent to keep the dogs for purposes of fighting. The court disagreed. When the county Animal Services officials visited the...
Upon trial de novo in superior court, the defendant in this case was convicted of misdemeanor injury to personal property for throwing a balloon filled with black ink onto a painting during a protest at an arts event in Asheville. The defendant received a suspended 30-day sentence and was...
In this embezzlement case, the trial court did not err by ordering the defendant to pay restitution. On 13 February 2017, the defendant and the victim entered into a settlement agreement resolving civil claims arising from the defendant’s conduct. The agreement obligated the defendant to pay the...
The trial court improperly ordered the defendant to pay restitution for pecuniary losses arising from his alleged perpetration of charges in three indictments dismissed by the State pursuant to a plea agreement. The defendant appealed judgments entered upon his guilty pleas to seven counts of...
In this assault case, no evidence was adduced at trial or sentencing to support the trial court’s restitution award of $1,962.80.
In this homicide case there was insufficient evidence to support restitution in the amount of $3,360.00 in funeral expenses to the victim’s family. No documentary or testimonial evidence supported the amount of restitution ordered. The record contains only the restitution worksheet, which is...
In this animal cruelty case, the trial court did not err by imposing a restitution award in the amount of $10,693.43. There was sufficient competent evidence to support the amount of restitution ordered. The State provided written victim impact statements to the trial court during the sentencing...
The trial court erred by ordering the defendant to pay $200 in restitution where no evidence was offered to support the amount of restitution ordered.
The trial court erred by ordering the defendant to pay $5,000 in restitution where no evidence supported that award. Only an unsworn statement by the prosecutor was offered in support of the restitution award.
The trial court’s restitution award of $5,000 was not supported by competent evidence.
In this injury to real property case, the trial court did not err by ordering the defendant to pay $7,408.91 in restitution. A repair invoice provided sufficient evidence to support the award of restitution and the restitution award properly accounted for all damage directly and proximately...
In the face of the State’s concession that there was no evidence supporting a restitution award, the court vacated the trial court’s restitution order and remanded for a rehearing on the issue.
In the face of the State’s concession that there was no evidence supporting a restitution award, the court vacated the trial court’s restitution order and remanded for a rehearing on the issue. The court noted: “In the interest of judicial economy, we urge prosecutors and trial judges to ensure...
The trial court did not err by requiring the defendant to pay $5,000 in restitution where trial evidence supported the restitution award and the trial court properly considered the defendant’s resources.
The trial court erred by ordering the defendant to pay restitution when the State failed to present any evidence to support the restitution order. The State conceded the error.
There was sufficient evidence to support a restitution order for $730. The victim testified that before being robbed he had “two sets of keys, snuff, a pocket knife, a bandana, [his] money clip,” and approximately $680 in cash. He later confirmed that $730 represented the money and the items...
The evidence supports the trial court’s restitution award for the value of a Honda Accord automobile. The prosecutor introduced documentation that the car was titled in the name of Moses Blunt and that the robbery victim paid $3,790 to Blunt to purchase the car. The prosecutor submitted both the...
In a drug case, the trial court erred by ordering the defendant to pay $1,200.00 as restitution for fees from a private lab (NarTest) that tested the controlled substances at issue. Under G.S. 7A-304(a)(7), the trial court "shall" order restitution in the amount of $600.00 for analysis of a...
The trial court erred by ordering restitution when the defendant did not stipulate to the amounts requested and no evidence was presented to support the restitution worksheet.
The trial court erred by ordering the defendant to pay restitution in connection with a conviction for possessing a weapon of mass death and destruction where the State conceded that the restitution had no connection to that conviction.
The trial court committed plain error by ordering the defendant to pay restitution when no evidence supported the amount ordered. The court noted that no objection is required to preserve for appellate review issues concerning restitution. It held that the prosecutor’s unsworn statements and the...
The restitution order was not supported by evidence presented at trial or sentencing. The prosecutor’s unsworn statement regarding the amount of restitution was insufficient to support the order.
The trial court committed reversible error by ordering the defendant to pay restitution when the State presented no evidence to support the award. Although there was evidence that the victim’s home was damaged during the breaking and entering, there was no evidence as to the cost of the damage...
Because no evidence was presented in support of restitution and the defendant did not stipulate to the amount, the trial court erred by ordering restitution. During sentencing, the prosecutor presented a restitution worksheet requesting restitution for the victim to compensate for stolen items....
The evidence was insufficient to support a restitution award. The State conceded that it did not introduce evidence to support the restitution request. However, it argued that the defendant stipulated to the amount of restitution when she stipulated to the factual basis for the plea and that the...
In a larceny of motor vehicle case, the restitution award was not supported by competent evidence. Restitution must be supported by evidence adduced at trial or at sentencing; the unsworn statement of the prosecutor is insufficient to support restitution. In this case, the trial court ordered...
The trial court erred by ordering restitution where no evidence was presented supporting the restitution worksheet. The defendant’s silence when the trial court orally entered judgment cannot constitute a stipulation to restitution.
Restitution of $510 was not supported by the evidence. The prosecutor had presented a restitution worksheet stating that the victim sought $510 in restitution. The worksheet was not supported by documentation, the victim did not testify, and the defendant did not stipulate to the amount. The...
The trial court erred in ordering restitution to the murder victims’ families when there was no direct and proximate causal link between the defendant’s actions and harm caused to those families. The defendant was convicted as an accessory after the fact to murder and none of the defendant’s...