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., 10/26/2021
E.g., 10/26/2021

Reversing State v. Nickerson, 208 N.C. App. 136 (2010), the court held that unauthorized use of a motor vehicle is not a lesser included offense of possession of stolen goods. The court applied the definitional test and concluded that unauthorized use of a motor vehicle contains at...

State v. Tanner, 364 N.C. 229 (June 17, 2010)

Reversing the Court of Appeals and overruling State v. Marsh, 187 N.C. App. 235 (2007), and State v. Goblet, 173 N.C. App. 112 (2005), the Supreme Court held that a defendant who is acquitted of underlying breaking or entering and larceny charges may be convicted of felonious...

The trial court did not err by denying the defendant’s motion to dismiss charges of possession of stolen goods (a debit card) and possession of marijuana. The State presented substantial evidence establishing constructive possession of both the items. The items were found in close proximity to...

As a matter of legislative intent, the court held that a defendant may not be convicted for both armed robbery and possession of stolen goods taken during the robbery.

In this possession of a stolen motor vehicle case, the trial court’s jury instruction did not contain an incorrect statement of law regarding the element of possession. The evidence tended to show that an officer saw an individual driving a vehicle that was reported stolen. After an accident,...

The evidence was sufficient to establish that the defendant constructively possessed two stolen firearms found in a van he had rented. The defendant was convicted of two counts of possession of stolen goods in violation of G.S. 14-71.1. The weapons in question were stolen during two separate...

The evidence was sufficient to support a conviction for possession of stolen property. The defendant challenged only the sufficiency of the evidence that he knew or had reasonable grounds to believe that the items were stolen. Here, the defendant had possession of stolen property valued at more...

The trial court erred by sentencing the defendant for both felony larceny and felony possession of stolen goods when both convictions were based on the same items.

In a possession of stolen property case, the evidence was insufficient to establish that the defendant constructively possessed the jewelry at issue. The necessary “other incriminating circumstances” for constructive possession could not be inferred from the fact that the defendant was a high-...

The court held that there was sufficient evidence to sustain the defendant’s conviction for possession of a stolen vehicle, rejecting the defendant’s argument that he did not have reason to believe the vehicle was stolen, in part because the defendant’s own statements indicated otherwise.

Following State v. Nickerson, 365 N.C. 279 (2011), the court held that unauthorized use is not a lesser included offense of possession of stolen property.

The trial court erred in convicting the defendant of two counts of possession of a stolen firearm under G.S. 14-71.1. It stated: “While defendant did possess the two separate stolen firearms, we hold that defendant may not be convicted on separate counts for each firearm possessed.

In a possession of stolen goods case, the evidence was insufficient to establish that the defendant knew that the item at issue, a four-wheeler, was stolen. Distinguishing State v. Lofton, 66 N.C. App. 79 (1984), the court noted, among other things, that the cosmetic changes to the four...

A defendant may not be convicted of both felony larceny and felonious possession of the same goods.

In a case involving felonious breaking or entering, larceny, and possession of stolen goods, there was sufficient evidence of possession. The defendant’s truck was parked at the residence with its engine running; items found in the truck included electronic equipment from the residence; a man...

In a possession of stolen property case, the trial court committed reversible error by instructing the jury on constructive possession. The property, a vehicle stolen from a gas station, was found parked on the street outside of the defendant’s residence. The defendant claimed that unknown to...

A defendant may not be sentenced for both robbery and possession of stolen property taken during the robbery.

The evidence was insufficient to establish that the defendant knew a gun was stolen. Case law establishes that guilty knowledge can be inferred from the act of throwing away a stolen weapon. In this case, shortly after a robbery, the defendant and an accomplice went to the home of the accomplice...

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