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.

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State v. Allen, ___ N.C. App. ___, 828 S.E.2d 562 (May. 21, 2019)
Evidence > Crawford Issues & Confrontation Clause > Forfeiture by Wrongdoing
Evidence > Crawford Issues & Confrontation Clause > Unavailability
Evidence > Hearsay > Hearsay Exceptions > Rule 804 Unavailability

(1) In this murder, robbery and assault case, the trial court properly found that a witness was unavailable to testify under Evidence Rule 804 and the Confrontation Clause. The witness, Montes, was arrested in connection with the crimes at issue. She cooperated with officers and gave a statement...
State v. Clonts, ___ N.C. App. ____, 802 S.E.2d 531 (June 20, 2017) aff’d per curiam, ___ N.C. ___, 813 S.E.2d 796 (Jun 8 2018)
Evidence > Hearsay > Hearsay Exceptions > Rule 804 Unavailability

In a case in which there was a dissenting opinion, the court held that the trial court erred by admitting a non-testifying witness’s pretrial deposition testimony. (1) The trial court’s finding were insufficient to establish that the witness was unavailable for purposes of the Rule 804(b)(1)...
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