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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While living with family friends in Wake County, the defendant placed a secret camera in various rooms at different times to record an adult female occupant. He later pled guilty to one count of felony secret peeping. Under the peeping statute, G.S. 14-202(l), the defendant may be required...
The court per curiam affirmed the decision below, Walters v. Cooper, 226 N.C. App. 166 (Mar. 19, 2013), in which the court of appeals had held, over a dissent, that a PJC entered upon a conviction for sexual battery does not constitute a “final conviction” and therefore cannot be a “...
In this Wake County case, the petitioner appealed from the trial court’s order requiring him to register as a sex offender in North Carolina based on his out-of-state conviction from New York. The Court of Appeals concluded that the petitioner is required to register as a sex offender in North...
In this Guilford County case, defendant appealed the order requiring him to register a sex offender, arguing the federal statute he pleaded guilty under was not substantially similar to North Carolina’s statute. The Court of Appeals vacated the order and remanded to the trial court for a new...
In this Cumberland County case, the defendant was convicted by a jury of second-degree rape and second-degree sexual offense against a victim named Tamara. The offenses were committed in 2011, but not successfully investigated until a DNA database match in 2017. During the trial, the trial judge...
On March 21, 2018, the defendant pled guilty in Wake County Superior Court to felony secret peeping in violation of G.S. 14-202(e). Pursuant to a plea agreement, the defendant was placed on four years of supervised probation. Among other conditions, the defendant was not permitted to be...
Using a hidden camera built into a phone charger, the defendant made secret recordings of the woman in whose house he lived. He pled guilty to secret peeping under G.S. 14-202, but challenged the trial court’s finding that he was a “danger to the community” and had to register as a sex offender...
Using a hidden camera built into a phone charger, the defendant made secret recordings of the woman in whose house he lived. He pled guilty to secret peeping under G.S. 14-202, but challenged the trial court’s finding that he was a “danger to the community” and had to register as a sex offender...
Because the defendant’s conviction for statutory rape, based on acts committed in 2005, cannot be considered a “reportable conviction,” the defendant was not eligible for satellite-based monitoring.
The trial court did not err by requiring the defendant to report as a sex offender after he was convicted of sexual battery, a reportable conviction. The court rejected the defendant’s argument that because he had appealed his conviction, it was not yet final and thus did not trigger the...
The trial court properly required the defendant to enroll in lifetime SBM. When deciding whether a conviction counts as a reportable conviction as an “offense against a minor”, the trial court is not restricted to considering the elements of the offense; the trial court may make a determination...
(1) G.S. 14-202(l) (requiring sex offender registration for certain peeping offenses when a judge finds, in part, that the defendant is “a danger to the community”) is not unconstitutionally vague. (2) The trial court erred by requiring the defendant to register as a sex offender when there was...
A conviction for abduction of a child under G.S. 14-41 triggers registration requirements if the offense is committed against a minor and the person committing the offense is not the minor’s parent. The court held that as used in G.S. 14-208.6(1i), the term parent includes only a biological or...