Smith's Criminal Case Compendium

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.

Instructions

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E.g., 10/22/2021
E.g., 10/22/2021
State v. Curtis, 371 N.C. 355 (Aug. 17, 2018)

On discretionary review of a unanimous, unpublished decision below, the court reversed, ruling on the “Turner issue” presented in this case and holding that the misdemeanor DWI prosecution was not barred by the two-year statute of limitations in G.S. 15-1. On 1 August 2012, the...

State v. Stevens, ___ N.C. App. ___, 831 S.E.2d 364 (July 2, 2019) temp. stay granted, ___ N.C. ___, 829 S.E.2d 907 (Aug 1 2019)

Defendant was charged with two counts of misdemeanor death by motor vehicle by citation on December 24, 2013. On December 21, 2015, the state filed a misdemeanor statement of charges alleging the same offenses. While those charges were pending in district court, the grand jury issued a...

The statute of limitations applicable to misdemeanor offenses does not apply when the issue of a defendant’s guilt of a misdemeanor offense is submitted to the jury as a lesser included offense of a properly charged felony. Applying this rule, the court held that the two-year misdemeanor statute...

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