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., 04/26/2024
E.g., 04/26/2024

Reversing the decision below, State v. Campbell, 234 N.C. App. 551 (2014), the court held that the State presented sufficient evidence of the defendant’s intent to commit larceny in a place of worship to...

At approximately 1:00 a.m. on January 1, 2018, the defendant woke Mr. and Mrs. Ridenhour by loudly banging on the front door of their residence. Mr. Ridenhour, thinking a neighbor was at the door, went to the front door and flipped the deadbolt. The defendant violently pushed the front...

The evidence was sufficient to convict the defendant of felony breaking or entering a building. The court rejected the defendant’s argument that the evidence showed only his presence at the scene, noting, among other things, that responding to a possible break-in, officers found the defendant...

State v. Mims, 241 N.C. App. 611 (June 16, 2015)

(1) The evidence was sufficient to support a conviction for attempted first-degree burglary. In this case, which involved an attempted entry into a home in the wee hours of the morning, the defendant argued that the State presented insufficient evidence of his intent to commit a larceny in the...

In this burglary case, the evidence was sufficient to establish that the defendants intended to commit a felony or larceny in the home. Among other things, an eyewitness testified that the defendants were “casing” the neighborhood at night. Additionally, absent evidence of other intent or...

In a first-degree burglary case, the evidence was insufficient to establish that the defendant broke and entered an apartment with the intent to commit a felonious restraint inside. Felonious restraint requires that the defendant transport the person by motor vehicle or other conveyance. The...

Evidence of missing items after a breaking or entering can be sufficient to prove the defendant’s intent to commit a larceny therein, raising the offense to a felony. When such evidence is presented, the trial court need not instruct on the lesser offense of misdemeanor breaking or entering.

The evidence was insufficient to establish that the defendant intended to commit a larceny in the vehicle. The evidence suggested that the defendant’s only intent was to show another how to break glass using a spark plug and that the two left without taking anything once the vehicle’s glass was...

The evidence was sufficient to establish that the defendant intended to commit a felony assault inside the dwelling. Upon entering the residence, carrying an axe, the defendant asked where the victim was and upon locating her, assaulted her with the axe.

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