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., 12/08/2022
E.g., 12/08/2022
State v. Hill, 365 N.C. 273 (Oct. 7, 2011)

Affirming the court of appeals, the court held the State presented substantial evidence that the victim’s money was taken through the use or threatened use of a dangerous weapon. The court noted that the investigating officer had testified that the victim reported being robbed by a man with a...

The defendant and her boyfriend robbed the victim at his home. During the robbery the two pinned the victim down, hit him with a stick, and stunned him several times with a taser. The victim’s wallet was stolen, and he was left with blood coming out of his ears, a knot on his head, and a...

In this robbery case where the defendant was punished as a habitual felon, (1) the defendant failed to preserve a fatal variance argument; (2) there was insufficient evidence of attempted armed robbery; (3) assuming without deciding that the trial court expressed its opinion in violation of G.S...

The defendant and another person committed an attempted robbery of a convenience store in which they pointed what appeared to be a gun at the clerk and demanded money. When the clerk explained that he had already put the money in the store’s safe, the two men fled. The defendant was eventually...

In this armed robbery case, the trial court did not err by failing to instruct the jury on the lesser included offense of common law robbery.  The court began its analysis by noting that “[o]nly one element distinguishes common law robbery and robbery with a dangerous weapon, and that element is...

In this armed robbery case, the trial court did not err by failing to instruct the jury on the lesser-included offense of common law robbery. The defendant entered three convenience stores with his face covered and a gun in his hand and stole money in the presence of the store clerks. The...

In this armed robbery case, the evidence was sufficient to establish that the defendant used a dangerous weapon in a way that endangered the victim. A store loss prevention officer questioned the defendant about having taken some store jewelry in the store foyer. During the exchange, the victim...

Where the State’s evidence was positive and uncontroverted as to whether a weapon used during an armed robbery was in fact a dangerous weapon and there was no evidence from which a rational juror could find that the weapon was anything other than a dangerous one, no error occurred when the trial...

State v. Holt, 241 N.C. App. 577 (June 16, 2015)

The trial court did not err by denying the defendant’s motion to dismiss a charge of armed robbery. One of the victims testified that all three perpetrators had handguns. A BB pistol and a pellet gun were found near the scene of the robbery. The defendant argued that the State failed to produce...

There was sufficient evidence that a lawn chair was a dangerous weapon for purposes of armed robbery. The victim was knocked unconscious and suffered multiple facial fractures and injuries which required surgery; after surgery his jaw was wired shut for weeks and he missed 2-3 weeks of work; and...

(1) The State presented sufficient evidence to establish that a stun gun was a dangerous weapon for purposes of armed robbery. The court concluded, in part, that although the victim did not die or come close to death, she was seriously injured. Given that serious injury “a permissive inference...

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