Smith's Criminal Case Compendium

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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E.g., 10/20/2021
E.g., 10/20/2021
State v. Phillips, 365 N.C. 103 (June 16, 2011)

In a multiple homicide case in which the defendant also was charged with kidnapping a victim who was a minor, there was sufficient circumstantial evidence that the minor’s parents did not consent to her kidnapping. Because the victim’s parents...

(1) Evidence at trial tended to show that after the victim requested a ride to Walmart and the community college because his car was in the shop for repair, the defendant, who was the victim’s cousin, and the defendant’s girlfriend drove the victim to a secluded area where the defendant robbed...

Vacating two of the defendant’s second-degree kidnapping convictions on grounds that the plain language of G.S. 14-39(a) does not permit prosecution of a parent for kidnapping, at least when that parent has custodial rights with respect to the children. The court explained:

“[T...

The removal of the victim was without her consent when the defendant induced the victim to enter his car on the pretext of paying her money in exchange for sex, but his real intent was to assault her; a reasonable mind could conclude that had the victim...

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