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.

Instructions

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E.g., 10/26/2021
E.g., 10/26/2021
State v. Bass, 371 N.C. 535 (Oct. 26, 2018)

On appeal from a decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 802 S.E.2d 477 (2017), the Supreme Court reversed, holding that the trial court properly excluded specific instances of the victim’s violent conduct for the purpose of proving that he was the first aggressor...

State v. Hembree, 368 N.C. 2 (Apr. 10, 2015)

In this capital murder case in which the State introduced 404(b) evidence regarding a murder of victim Saldana to show common scheme or plan, the trial court erred by allowing Saldana’s sister to testify about Saldana’s good character. Evidence regarding Saldana’s character was irrelevant to the...

State v. Walston, 367 N.C. 721 (Dec. 19, 2014)

In a child sexual abuse case, although evidence of the defendant’s law abidingness was admissible under Rule 404(a)(1), evidence of his general good character and being respectful towards children was not admissible. On appeal, the defendant’s argument focused on the exclusion of character...

State v. Lewis, 365 N.C. 488 (Apr. 13, 2012)

The court of appeals properly found that the trial court abused its discretion by excluding, at a retrial, evidence of remarks that the lead investigator, Detective Roberts, made to a juror at the defendant’s first trial. After the defendant’s conviction, he filed a motion for appropriate relief...

State v. Jacobs, 363 N.C. 815 (Mar. 12, 2010)

In a murder and attempted armed robbery trial, the trial court erred when it excluded the defendant’s proposed testimony that he knew of certain violent acts by the victim and of the victim’s time in prison. This evidence was relevant to the defendant’s claim of self-defense to the murder charge...

The defendant was convicted of first-degree murder based on felony murder, attempted first-degree murder, felonious discharge of a firearm into an occupied vehicle in operation, and two counts of conspiracy to commit first-degree murder. The defendant’s brother was the shooter and was convicted...

State v. Mylett, ___ N.C. App. ___, 822 S.E.2d 518 (Dec. 4, 2018) rev’d on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Dec 11 2018)

In this case involving a conviction for conspiracy to harass a juror, the trial court did not err by allowing the juror-witnesses to testify, over objection, about a fraternity fight that formed the basis for the criminal trial in which the defendant was accused of harassing jurors. The criminal...

In this case involving convictions of felony murder, discharging a firearm into an occupied vehicle, and possession of marijuana with intent to sell, the trial court did not err by admitting certain photographs at trial. Two of the photographs (“Gun Photos”) were of firearms; the photos were...

In this drug case, a new trial was required where character evidence was improperly admitted. When cross-examining the defendant’s witness, the prosecutor elicited testimony that the defendant had been incarcerated for a period of time. The court viewed this testimony as being equivalent to...

(1) In a child sexual assault case, the trial court did not err by refusing the defendant’s request to instruct the jury that it could consider evidence concerning his character for honesty and trustworthiness as substantive evidence of his guilt or innocence. At trial, five witnesses testified...

In this murder case, the trial court did not err by excluding the defendant’s proffered evidence about the victim’s gang membership. The defendant asserted that the evidence was relevant to self-defense. However, none of the proffered evidence pertained to anything that the defendant actually...

State v. McGrady, 232 N.C. App. 95 (Jan. 21, 2014) review granted, 367 N.C. 505 (Jun 11 2014)

In murder case involving a claim of self-defense, the trial court did not err by excluding the defense expert testimony, characterized by the defendant as pertaining to the victim’s proclivity toward violence. The court noted that where self-defense is at issue, evidence of a victim’s violent or...

In this tax evasion case, the trial court erred by excluding the defendant’s character evidence. The facts indicated that the defendant believed advice from others that by completing certain Sovereign Citizen papers, she would be exempt from having to pay taxes. The defendant’s witness was...

In a murder case where a defense witness testified that the defendant was not a violent person, thereby placing a pertinent character trait at issue, no plain error occurred when the State cross-examined the witness about whether she knew of the defendant’s prior convictions or his pistol...

The trial judge erred under Rule 404(a)(2) in allowing the state to offer evidence of the victim’s good character. The court concluded that the defense had not offered evidence of the victim’s bad character, even though defense counsel had forecast evidence of the victim’s bad character in an...

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