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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(1) On discretionary review of a unanimous, unpublished decision of the Court of Appeals in this sexual exploitation of a minor case, the court held that although statements in the prosecutor’s final jury argument were improper, they were not prejudicial. The defendant claimed that the images at...
In this New Hanover county case, defendant appealed his convictions for two counts of first-degree sexual exploitation of a minor, arguing error in (1) denying his motion to dismiss for insufficient evidence, (2) failing to instruct the jury on second-degree exploitation of a minor as a lesser-...
The evidence was sufficient to support convictions for first-and second-degree sexual exploitation of a minor. On appeal the defendant argued that a key photograph introduced at trial did not depict the victim engaged in “sexual activity.” The definition of “sexual activity” for purposes of both...
(1) The trial court did not err by denying the defendant’s motion to dismiss a charge of disseminating obscene material to a minor. On appeal the defendant argued that there was insufficient evidence that the material was obscene. At trial the victim testified that the defendant showed her...
In this second-degree sexual exploitation of a minor case, there was sufficient evidence with respect to the knowledge element of the crime. The court disagreed with the defendant’s argument that there was insufficient evidence tending to show that he was aware of the contents of the...
(1) Deciding an issue of first impression the court held that the act of downloading an image from the Internet constitutes a duplication for purposes of second-degree sexual exploitation of a minor under G.S. 14-190.17. (2) The court rejected the defendant’s argument that in third-degree sexual...
The evidence was insufficient to sustain a conviction for first-degree sexual exploitation of a minor. The State’s evidence consisted of photographs of the five-year-old victim but did not depict any sexual activity. The court rejected the State’s arguments that a picture depicting the child...
No double jeopardy violation when the defendant was convicted and punished for indecent liberties and using a minor in obscenity based on the same photograph depicting the child and defendant. Each offense has at least one element that is not included in the other offense.
Double jeopardy did not bar conviction and punishment for both second-degree and third-degree sexual exploitation offenses where the third-degree charges were based on the defendant’s possession of the images of minors, and the second-degree charges were based on the defendant’s receipt of those...