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., 06/18/2022
E.g., 06/18/2022

The defendant was charged with disorderly conduct and resisting a public officer based on events that occurred in the parking lot outside her daughter’s high school. A drug sniffing dog alerted to the defendant’s car, which her daughter had driven to the school. The defendant came to the...

The defendant was found guilty by a Cleveland County jury of impaired driving and resisting a public officer and was found responsible for possession of open container. He appealed, challenging the denial of his motion to dismiss, the denial of his mid-trial motion to suppress, an evidentiary...

The defendant was charged with possession of a firearm by a person previously convicted of a felony and resisting, delaying, or obstructing an officer. The State dismissed the resisting charge before trial, and the defendant filed a motion to suppress the firearm. The trial judge denied the...

The indictment properly charged resisting a public officer. On appeal the defendant argued that the indictment was invalid because it failed to sufficiently allege the officer’s public office. The indictment alleged that the defendant “did resist, delay and obstruct Agent B.L. Wall, a public...

The trial court did not err by denying the defendant’s motion to dismiss a charge of resisting an officer. The defendant argued that the State presented insufficient evidence that the officer was discharging a duty of his office. Here, the officer was discharging a duty falling within the scope...

In re T.T.E., ___ N.C. App. ___, 818 S.E.2d 324 (July 17, 2018) rev’d in part on other grounds, ___ N.C. ___, 831 S.E.2d 293 (Aug 16 2019)

There was insufficient evidence to support an adjudication of delinquency resisting a public officer. A school resource officer testified that he saw the juvenile throw a chair in the cafeteria. After throwing the chair, the juvenile ran out of the cafeteria. The officer followed and without...

The evidence was sufficient to sustain a conviction for resisting, delaying, and obstructing an officer (RDO). The court rejected the argument that the evidence was insufficient evidence to show that the defendant delayed or intended to delay an officer. The officer responded to a Walmart store...

The trial court did not err by denying the defendant’s motion to dismiss a charge of resisting an officer. The court rejected the defendant’s argument that the officer was not discharging a lawful duty at the time of the stop because he did not have reasonable suspicion that the defendant had...

The trial court properly denied the defendant’s motion to dismiss the charge of resisting, delaying, or obstructing a public officer where the evidence showed that the defendant refused to provide the officer with his identification so that the officer could issue a citation for a seatbelt...

There was insufficient evidence to support a conviction of resisting an officer in a case that arose out of the defendant’s refusal to allow the officer to search him pursuant to a search warrant. Because the arresting officer did not read or produce a copy of the warrant to the defendant prior...

(1) In a resisting, delaying, obstructing case, the trial court did not err by instructing the jury that an arrest for indecent exposure would be a lawful arrest where the defendant never claimed at trial that he was acting in response to an unlawful arrest, nor did the evidence support a...

(1) The evidence was sufficient to support a conviction for resisting, delaying and obstructing an officer during a 10-15 second incident. Officers observed members of the Latin Kings gang yelling gang slogans and signaling gang signs to a group of rival gang members. To prevent conflict, the...

The defendant’s flight from a consensual encounter with the police did not constitute probable cause to arrest him for resisting an officer.

State v. Joe, 213 N.C. App. 148 (July 5, 2011) vacated on other grounds, 365 N.C. 538 (Apr 13 2012)

There was insufficient evidence of resisting an officer when the defendant fled from a consensual encounter. When the officer approached an apartment complex on a rainy, chilly day, the defendant was standing outside, dressed appropriately in a jacket with the hood on his head. Although the...

The trial court erred by denying the juvenile’s motion to dismiss a charge of resisting a public officer when no reasonable suspicion supported a stop of the juvenile (the activity that the juvenile allegedly resisted). An anonymous caller reported to law enforcement “two juveniles in Charlie...

There was insufficient evidence of resisting an officer. The State argued that the defendant resisted by exiting a home through the back door after officers announced their presence with a search warrant. “We find no authority for the State’s presumption that a person whose property is not the...

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