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., 11/30/2022
E.g., 11/30/2022

(per curiam). Reversing the North Carolina courts, the Court held that under Jones and Jardines, satellite based monitoring for sex offenders constitutes a search under the Fourth Amendment. The Court stated: “a State … conducts a search when it attaches a device to a person’s body,...

The trial court did not err by ordering the defendant to submit to lifetime SBM after he pleaded guilty to first-degree forcible rape and other offenses.  In State v. Strudwick, 273 N.C. App. 676 (2020), the Court of...

In this case involving the trial court’s imposition of lifetime satellite-based monitoring (SBM) following the defendant’s conviction for an aggravated sex offense, the North Carolina Supreme Court held that the order imposing lifetime SBM effected a reasonable search under the Fourth Amendment...

On appeal from a decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 817 S.E.2d 18 (2018), the Supreme Court affirmed the Court of Appeals’ decision finding satellite-based monitoring (SBM) to be an unreasonable and therefore unconstitutional search in the defendant’s case....

State v. Bursell, 258 N.C.App. 527, 813 S.E.2d 463 (Mar. 20, 2018) aff’d in part, rev’d in part, 258 N.C.App. 527, 813 S.E.2d 463 (May 10 2019)

On an appeal from an order requiring the defendant to enroll in lifetime SBM, the court held--as conceded by the State--that the trial court erred by imposing lifetime SBM without conducting the required Grady hearing to determine whether monitoring would amount to a reasonable search...

In this Forsyth County case, defendant appealed the imposition of lifetime satellite-based monitoring (SBM) after his classification as an aggravated offender for convictions for rape, indecent liberties with a child, assault by strangulation, and kidnapping. The Court of Appeals affirmed the...

In this Forsyth County case, the defendant was convicted of multiple sex crimes in 2020. Based on a prior conviction from 2002, he was deemed to be a recidivist and ordered to enroll in satellite-based monitoring (SBM). Though the SBM statute in effect at the time would have required...

The defendant appealed from his convictions for first degree rape, first degree sexual offense, and taking indecent liberties with a child. The defendant also challenged a civil order requiring lifetime SBM. Defendant was charged with first degree rape of a child, first degree sex offense...

The defendant appealed from judgments entered upon his guilty pleas to second-degree rape and forcible sex offenses, second-degree kidnapping, assault on female, assault by strangulation, obstruction of justice, and intimidating a witness. The defendant appealed by writ of certiorari both...

In a prior opinion, the Court of Appeals held that the state failed to meet its burden of showing the reasonableness of ordering the defendant to enroll in lifetime satellite-based monitoring (SBM) following his conviction for rape. The matter was before the court again for reconsideration...

The defendant was convicted at trial of numerous sex offenses against minor children, including statutory sex offense, sexual activity by substitute parent, and sale of controlled substances to minors in Cleveland County. He was sentenced to a minimum of 600 months and ordered to enroll in...

In this rape and sex offense case, the Court of Appeals reversed the trial court’s order imposing lifetime SBM.  First addressing its appellate jurisdiction, the court explained that it allowed the defendant’s petition for writ of certiorari in its discretion, notwithstanding procedural defects...

The defendant pleaded guilty in 2017 to multiple sexual offenses and was sentenced to 190-288 months. After determining that the convictions qualified as “aggravated offenses” under G.S. 14-208.6(1A), the court conducted a satellite-based monitoring (SBM) hearing. Evidence at the hearing...

In State v. Grady, 372 N.C. 509 (2019), the North Carolina Supreme Court held that lifetime satellite- based monitoring (SBM) is unconstitutional as applied to any person who is ordered to enroll in SBM because he or she is a recidivist. The Court held that SBM in those circumstances...

This case was before the Court of Appeals for reconsideration in light of State v. Grady, ___ N.C. ___, 831 S.E.2d 542 (2019). The court’s prior opinion is State v. Dravis, ___ N.C. App. ___, 817 S.E.2d 796 (2018) (...

State v. Anthony, ___ N.C. App. ___, 831 S.E.2d 905 (Aug. 20, 2019) review granted, ___ N.C. ___, 835 S.E.2d 448 (Aug 30 2019)

The court reversed the trial court’s order requiring the defendant to submit to lifetime satellite-based monitoring (SBM) on the basis that it ordered an unreasonable search. Though the State mentioned statistics and studies related to the risk of recidivism posed by sex offenders in its...

Over a dissent in this SBM case, the court relied on State v. Griffin, ___ N.C. App. ___, 818 S.E.2d 336 (2018) to vacate the trial court’s imposition of lifetime satellite-based monitoring of the defendant.  Under Griffin, “trial courts cannot impose satellite-based monitoring unless...

In a case where the defendant was convicted of taking indecent liberties with a child, the court held that the State failed to meet its burden of showing the reasonableness of the SBM program as applied to the defendant by failing to produce evidence concerning the efficacy of the program. It...

In this second-degree rape case, the trial court erred by ordering lifetime SBM where the State did not meet its burden of proving that SBM was a reasonable Fourth Amendment search. The United States Supreme Court has held that SBM is a search. Therefore, before subjecting a defendant to SBM,...

Citing prior case law, the court held that because the trial court failed to conduct a hearing to determine whether it would be constitutional to subject the defendant to SBM upon his release from a prison sentence for rape, the trial court’s order enrolling the defendant in SMB for life must be...

State v. Gordon, ___ N.C. App. ___, 820 S.E.2d 339 (Sept. 4, 2018) temp. stay granted, ___ N.C. ___, 818 S.E.2d 112 (Sep 21 2018)

The court vacated the trial court’s order requiring lifetime SBM, concluding that the State cannot establish, at this time, that the defendant’s submission to SBM will constitute a reasonable fourth amendment search when the defendant is eventually released from prison. After the defendant...

State v. Griffin, ___ N.C. App. ___, 818 S.E.2d 336 (Aug. 7, 2018) temp. stay granted, ___ N.C. ___, 817 S.E.2d 210 (Aug 24 2018)

Following State v. Grady, __ N.C. App. __, __ S.E.2d __ (May 15, 2018), the court held, over a dissent, that absent any evidence that SBM is effective to protect the public from sex offenders, the trial court erred by imposing SBM for 30 years. The defendant proffered an Alford plea to...

The defendant failed to preserve the claim that the trial court erred by ordering him to enroll in SBM without conducting a Grady hearing to determine whether the monitoring was reasonable under the Fourth Amendment. After a jury convicted the defendant of taking indecent liberties with his...

(1) The trial court erred by ordering lifetime registration for the defendant. Although the defendant was convicted of reportable convictions and is therefore required to register as a sex offender, neither sexual offense with a child under G.S. 14-27.4A(a) nor sexual activity by a substitute...

In this appeal from the trial court’s order imposing SBM, the court rejected the defendant’s argument that the state’s SBM laws are facially unconstitutional but remanded for a determination of the reasonableness of the imposition of SBM. Before the trial court, the defendant argued that...

State v. Blue, 246 N.C. App. 259 (Mar. 15, 2016)

(1) The court rejected the defendant’s argument that because SBM is a civil, regulatory scheme, it is subject to the Rules of Civil Procedure and that the trial court erred by failing to exercise discretion under Rule 62(d) to stay the SBM hearing. The court concluded that because Rule 62...

The trial court erred by failing to conduct the appropriate analysis with respect to the defendant’s argument that SMB constitutes an unreasonable search and seizure. The trial court simply acknowledged that SBM constitutes a search and summarily concluded that the search was reasonable. As such...

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