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.
Instructions
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In this Lee County case, the trial judge granted a motion for appropriate relief and awarded a new trial for a defendant who was convicted of first-degree murder committed when he was fourteen years old, largely on the basis of a confession made during a police interrogation conducted...
(1) On review of a divided panel of the Court of Appeals, ___ N.C. App. ___, 797 S.E.2d 308 (2017), in this murder case, the court affirmed the holding of the Court of Appeals that the defendant’s ineffective assistance of counsel (IAC) claim was not procedurally barred under G.S. 15A-1419(a)(3...
With one justice taking no part in consideration of the case and with the other members of the court equally divided, the court affirmed, without opinion, a ruling by the trial court on the defendant’s motion for appropriate relief. The case was before the court on writ of certiorari to review...
In this Robeson County case, the defendant was found guilty after a jury trial of second-degree murder, aggravated felony death by vehicle, and other offenses based on a motor vehicle crash that resulted in the death of a passenger. On appeal, the defendant argued that the trial court...
The defendant was convicted of statutory rape and sex offense in Rockingham County. That verdict was affirmed on appeal in an unpublished decision, and the defendant sought post-conviction relief. He filed a motion for appropriate relief (“MAR”) and a request for post-conviction discovery,...
The defendant, who had underlying health conditions, was not entitled to relief on a MAR under G.S. 15A-1415(b)(8) on the basis of his prison sentence being invalid as a matter of law as a form of cruel and unusual punishment due to the coronavirus pandemic. The Court of Appeals explained...
The trial court did not have jurisdiction to resentence the defendant for obtaining property by false pretenses, where the defendant’s motion for appropriate relief (MAR), which was granted by the trial court, challenged only his conviction for possession of stolen goods, a separate CRS case...