Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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.
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The court per curiam affirmed the decision below, Johnston v. State, 224N.C. App. 282 (Dec. 18, 2012), which reversed the trial court’s ruling that G.S. 14-415.1 (proscribing the offense of felon in possession of a firearm) violated the plaintiff’s substantive due process rights under...
With one justice taking no part in consideration of the case, an equally divided court left undisturbed the following opinion below, which stands without precedential value:
Affirming State v. Whitaker, 201 N.C. App. 190 (Dec. 8, 2009), the court held that G.S. 14-415.1, the felon in possession statute, was not an impermissible ex post facto law or bill of attainder.
The court held that G.S. 14-415.1 (felon in possession), as applied to the plaintiff, was unconstitutional. In 1979, the plaintiff was convicted of possession of a controlled substance with intent to sell and deliver, a nonviolent crime that did not involve the use of a firearm. He completed his...
In a case where the defendant was convicted of felon in possession of a firearm, the court rejected his argument that the felony possession statute was unconstitutional as applied to him. The court began by rejecting the defendant’s federal constitutional claim, noting that because he is a...
The court rejected the defendant’s contention that the possession of a firearm by a felon statute was unconstitutional as applied to him. Although rejecting the defendant’s challenge, the court agreed that the trial court erred when it found that the defendant’s 1995 Texas drug trafficking...
The trial court erred by dismissing a charge of felon in possession of a firearm on the basis that the statute was unconstitutional as applied to the defendant under a Britt analysis. Here, the defendant had two felony convictions for selling a controlled substance and one for felony...
The trial court erred by granting the defendant’s motion to dismiss an indictment charging felon in possession of a firearm on grounds that the statute was unconstitutional as applied to him. The defendant’s motion was unverified, trial court heard no evidence, and there were no clear...