Smith's Criminal Case Compendium

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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E.g., 10/19/2021
E.g., 10/19/2021

In a peeping case, the trial court did not abuse its discretion by allowing the prosecutor to ask leading questions of the victim; the questions were not leading because they did not suggest an answer.

(1) The trial court did not abuse its discretion by allowing the prosecution to use leading questions when examining a child sexual assault victim. The prosecutor was attempting to ask a 14-year-old victim questions about her father’s sexual conduct toward her. She was very reluctant to testify...

The prosecutor did not impermissibly vouch for the credibility of a State’s witness by asking whether any promises were made to the witness in exchange for his testimony.

State v. Wade, 198 N.C. App. 257 (July 21, 2009)

The trial judge erred by overruling defense counsel’s objection to a question posed by the prosecutor to a State’s witness alluding to the fact that a superior court judge had found that there was probable cause to search the defendant. The court reiterated the rule that a trial judge’s legal...

The trial court erred when it allowed the State to question its witness on direct examination about whether she had told the truth.

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