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

Concluding that application of the stalking statute to the defendant violated his constitutional free speech rights, the court vacated the convictions. The defendant was convicted of four counts of felony stalking based primarily on the content of posts made to his Google Plus account. On appeal...

(1) The trial court did not err by denying the defendant’s motion to dismiss a felony stalking charge. Felonious stalking occurs when the defendant commits the offense while a court order is in effect prohibiting the conduct at issue. The State presented evidence that at the time of the conduct...

The trial court committed plain error by instructing the jury on the crime of stalking under the new stalking statute, G.S. 14-277.3A, when the charged course of conduct occurred both before and after enactment of the new statute. The new version of the stalking statute lessened the burden on...

(COA10-1485). The defendant’s right to be protected from double jeopardy was violated when, after being convicted of felony stalking, he was again charged and convicted of that crime. Because the time periods of the “course of conduct” for both indictments overlapped, the same acts could result...

In a prosecution under the prior version of the stalking statute, there was sufficient evidence to sustain a conviction. The court rejected the defendant’s argument that the evidence showed communications to persons other than the alleged victim on all but one occasion, concluding that all of...

The evidence was sufficient to sustain a stalking conviction where it showed that the defendant sent five facsimile messages to the victim’s workplace but the first four did not contain a direct threat. In this regard, the court noted, the case “diverges from those instances in which our courts...

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