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.

Instructions

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E.g., 07/24/2024
E.g., 07/24/2024

In this Cumberland County case, defendant appealed his first-degree murder conviction, arguing error in failing to instruct the jury on (1) the affirmative defense of voluntary intoxication, and (2) the lesser-included offense of second-degree murder. The Court of Appeals disagreed, finding no...

In this Randolph County case, defendant appealed his conviction for second-degree murder, arguing error in denying his motion to dismiss due to no direct evidence he shot the victim. The Court of Appeals found no error.

Defendant was indicted for first-degree murder for the killing of...

In this Brunswick County case, defendant appealed denial of his motion to dismiss the murder charge against him, arguing that it represented double jeopardy. The Court of Appeals granted certiorari to review defendant’s interlocutory appeal, and affirmed the trial court’s denial of the motion....

In this Brunswick County case, defendant appealed denial of her motion to dismiss the murder charge against her, arguing that it represented double jeopardy. The Court of Appeals affirmed the trial court’s denial of the motion. The facts of this case are substantially similar to...

The trial court erred by failing to arrest judgment on one of the underlying felonies supporting the defendant’s felony-murder convictions. The court rejected the defendant’s argument that judgment must be arrested on all of the felony convictions. The defendant asserted that because the trial...

No double jeopardy violation occurred when the defendant was convicted of attempted first-degree murder and assault with a deadly weapon with intent to kill inflicting serious bodily injury based on the same events. Each offense includes an element not included in the other.

Citing State v. Washington, 141 N.C. App. 354 (2000), the court held that the defendant was properly charged and convicted of attempted murder and assault as to each victim, even though the offenses arose out of a single course of conduct...

For purposes of double jeopardy, a second-degree murder conviction based on unlawful distribution of and ingestion of a controlled substance was not the same offense as sale or delivery of a controlled substance to a juvenile or possession with intent to sell or deliver a controlled substance....

A defendant may not be sentenced for both involuntary manslaughter and felony death by vehicle arising out of the same death. A defendant may not be sentenced for both felony death by vehicle and impaired driving arising out of the same incident. However, a defendant may be sentenced for both...

A defendant may not be sentenced for both involuntary manslaughter and felony death by vehicle arising out of the same death. A defendant may not be sentenced for both felony death by vehicle and impaired driving arising out of the same incident. However, a defendant may be sentenced for both...

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