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.

Instructions

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State v. Morris, COA22-3, ___ N.C. App. ___ (Mar. 7, 2023)
Arrest, Search, and Investigation > Identification of Defendant > Other Pretrial Identification
Arrest, Search, and Investigation > Identification of Defendant > Pretrial Line-Up
Arrest, Search, and Investigation > Identification of Defendant > Show Ups
Criminal Procedure > Sentencing > Drug Offenses

In this Duplin County case, defendant appealed his convictions for sale and delivery of cocaine, arguing error (1) in denying his motion to suppress certain eyewitness testimony for due process violations, (2) denying the same motion to suppress for Eyewitness Identification Reform Act (“EIRA”)...
State v. Mitchell, ___ N.C. App. ___, 822 S.E.2d 51 (Nov. 6, 2018)
Arrest, Search, and Investigation > Identification of Defendant > In Court
Arrest, Search, and Investigation > Identification of Defendant > Pretrial Line-Up
Arrest, Search, and Investigation > Identification of Defendant > Show Ups

The trial court properly denied the defendant’s motion to suppress a victim’s identification of the defendant as the perpetrator. The defendant was charged with armed robbery of a Game Stop store and threatening use of a firearm against a store employee, Cintron, during the robbery. Although...
State v. Gamble, 243 N.C. App. 414 (Oct. 6, 2015)
Arrest, Search, and Investigation > Identification of Defendant > Pretrial Line-Up

The court rejected the defendant’s argument that the identification procedure used violated the Eyewitness Identification Reform Act (EIRA). Although a non-independent administrator was used, the administrator satisfied the requirements of G.S. 15A-284.52(c) for such administrators (he used the...
State v. Stowes, 220 N.C. App. 330 (May. 1, 2012)
Arrest, Search, and Investigation > Identification of Defendant > Pretrial Line-Up

(1) In a store robbery case, the court found no plain error in the trial court's determination that a photo lineup was not impermissibly suggestive. The defendant argued that the photo lineup was impermissibly suggestive because one of the officers administering the procedure was involved in the...
State v. Rainey, 198 N.C. App. 427 (Aug. 4, 2009)
Arrest, Search, and Investigation > Identification of Defendant > Pretrial Line-Up

Pretrial photographic line-ups were not suggestive, on the facts.
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