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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State v. Corbett & Martens, ___ N.C. App. ___, ___ S.E.2d ___ (Feb. 4, 2020)
Criminal Procedure > Jury Instructions > Specific Instructions > Self-Defense
Criminal Procedure > Jury Misconduct & Improper Contact with Jurors
Defenses > Self-Defense
Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions
Evidence > Hearsay > Hearsay Exceptions > Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition
Evidence > Hearsay > Hearsay Exceptions > Rule 803(4) – Statements for Medical Diagnosis and Treatment
Evidence > Opinions > Expert Opinions > Issues Re: of Amendments to R. 702

Defendants Molly Martens Corbett (“Molly”) and Thomas Michael Martens (“Tom”), daughter and father, were convicted of second degree murder in the death of Molly’s husband, Jason Corbett (“Jason”). Evidence at trial established that Tom attempted to stop Jason from choking Molly by hitting Jason...
State v. Enoch, ___ N.C. App. ___, 820 S.E.2d 543 (Sept. 18, 2018)
Evidence > Hearsay > Hearsay Exceptions > Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition

In this first-degree murder case, the trial did not err by admitting, under Rule 803(3), a handwritten document made by the victim that contained a list of things that the victim was going to tell the defendant. The trial court properly determined that the document showed the victim’s state of...
State v. Cook, 246 N.C. App. 266 (Mar. 15, 2016)
Evidence > Hearsay > Hearsay Exceptions > Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition

In this murder case, the trial court did not err by admitting hearsay testimony under the Rule 803(3) state of mind hearsay exception. The victim’s statement that she “was scared of” the defendant unequivocally demonstrated her state of mind and was highly relevant to show the status of her...
State v. Mills, 225 N.C. App. 773 (Mar. 5, 2013)
Evidence > Hearsay > Hearsay Exceptions > Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition

The trial court did not err by admitting a murder victim’s hearsay statement to her sister-in-law under the Rule 803(3) then existing mental, emotional or physical condition hearsay exception. The murder victim told her sister-in-law that the defendant was harassing her and had threatened her....
State v. Hernandez, 202 N.C. App. 359 (Feb. 2, 2010)
Evidence > Hearsay > Hearsay Exceptions > Rule 803(3) -- Then-Existing Mental, Emotional or Physical condition

A murder victim’s statements to her mother were properly admitted under the Rule 803(3) exception for then-existing mental, emotional or physical condition. The victim told her mother that she wanted to leave the defendant because he was wanted in another jurisdiction for attempting to harm the...
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