Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

Table of Contents

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.

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Warden v. Lee, 578 U.S. ___, 136 S. Ct. 1802 (May. 31, 2016)
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

The Ninth Circuit erred by concluding that the California “Dixon bar”--providing that a defendant procedurally defaults a claim raised for the first time on state collateral review if he could have raised it earlier on direct appeal—was inadequate to bar federal habeas review. Federal habeas...
Beard v. Kindler, 558 U.S. 53 (Dec. 8, 2009)
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

A federal habeas court will not review a claim rejected by a state court if the state court decision rests on an adequate and independent state law ground. The Court held that a state rule is not inadequate for purposes of this analysis just because it is a discretionary rule.
State v. Casey, 263 N.C.App. 510, 823 S.E.2d 906 (Jan. 15, 2019)
Criminal Procedure > Counsel Issues > Ineffective Assistance of Counsel > Review on Direct Appeal
Criminal Procedure > Counsel Issues > Ineffective Assistance of Counsel > Strickland Attorney Error Issues
Evidence > Opinions > Expert Opinions > Sexual Assault Cases
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

In this child sexual assault case, the court reversed the trial court’s order denying the defendant’s Motion for Appropriate Relief (MAR) seeking a new trial for ineffective assistance of counsel related to opinion testimony by the State’s expert. The defendant was convicted of sexual offenses...
State v. Hyman, 371 N.C. 363 (Aug. 17, 2018)
Post-Conviction Proceedings > Motions for Appropriate Relief > Miscellaneous Issues
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

(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...
State v. Hyman, ___ N.C. App. ___, 823 S.E.2d 146 (Dec. 18, 2018)
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

(1) On remand from the state Supreme Court, the court rejected the defendant’s argument that the trial court erred by concluding that he was procedurally barred from reasserting in his MAR a dual representation conflict of interest ineffective assistance of counsel claim with respect to attorney...
State v. Jackson, 220 N.C. App. 1 (Apr. 17, 2012)
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

The trial court erred by summarily denying the defendant’s motion for appropriate relief (MAR) and accompanying discovery motion. In the original proceeding, the trial court denied the defendant’s motion to suppress in part because it was not filed with the required affidavit. After he was...
State v. Taylor, 212 N.C. App. 238 (June 7, 2011)
Post-Conviction Proceedings > Motions for Appropriate Relief > Procedural and Other Defaults

The court suggested in dicta that on a motion for appropriate relief (as on appellate review) a defendant may be deemed to have waived errors in jury instructions by failing to raise the issue at trial. However, the court did not decide the issue since it concluded that even when considered on...
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