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., 10/22/2021
E.g., 10/22/2021

In this murder case, the trial court did not abuse its discretion by allowing two forensic pathologists to testify to expert opinions regarding the amount of blood discovered in the defendant’s house. Essentially, the experts testified that the significant amount of blood at the scene suggested...

Applying the Daubert standard, the court held that the trial court improperly allowed a medical examiner to testify that the victim’s death was a homicide, when that opinion was based not on medical evidence but rather on non-medical information provided to the expert by law enforcement...

In this homicide case where the defendant was charged with murdering his wife, that the trial court did not err by allowing the State’s expert witness pathologists to testify that the victim’s cause of death was “homicide[.]” It concluded:

The pathologists in this case were tendered as...

In this rape and murder case in which the old “Howerton” version of Rule 702 applied, the court rejected the defendant’s argument that opinion testimony by the State’s medical examiner experts as to cause of death was unreliable and should not have been admitted. The court concluded:...

No plain error occurred when the trial court admitted expert medical testimony identifying the victim’s death as a homicide. Medical experts described the nature of the victim’s injuries and how those injuries had resulted in his death. Their testimony did not use the word "homicide" as a legal...

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