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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Edwards v. Vannoy, 593 U.S. ___, ___ S. Ct. ___ (May. 17, 2021)
Post-Conviction Proceedings > Retroactivity

Confronting the question in a habeas case of whether the holding in Ramos v. Louisiana, 590 U.S. ___, ___ S. Ct. ___ (2020) that a state jury must be unanimous to convict a criminal defendant of a serious offenses...
Welch v. United States, 578 U.S. __, 136 S. Ct. 1257 (Apr. 18, 2016)
Post-Conviction Proceedings > Retroactivity

Johnson v. United States, 576 U. S. ___, 135 S. Ct. 2551 (2015), holding that the residual clause of the Armed Career Criminal Act of 1984, 18 U. S. C. §924(e)(2)(B)(ii), was void for vagueness was a substantive decision that is retroactive in cases on collateral review.
Montgomery. v. Louisiana, 577 U.S. ___, 136 S. Ct. 718 (Jan. 25, 2016)
Post-Conviction Proceedings > Retroactivity

Miller v. Alabama, 567 U. S. ___ (2012) (holding that a juvenile convicted of a homicide offense could not be sentenced to life in prison without parole absent consideration of the juvenile’s special circumstances), applied retroactively to juvenile offenders whose convictions and...
Metrish v. Lancaster, 569 U.S. __, 133 S. Ct. 1781 (May. 20, 2013)
Post-Conviction Proceedings > Retroactivity

In this federal habeas case, the Court held that the Michigan Court of Appeals did not unreasonably apply clearly established federal law when it retroactively applied to the defendant’s case a state supreme court decision rejecting the diminished capacity defense for first-degree murder. The...
Chaidez v. United States, 568 U.S. 342 (Feb. 20, 2013)
Post-Conviction Proceedings > Retroactivity

Padilla v. Kentucky, 559 U. S. 356 (2010) (criminal defense attorneys must inform non-citizen clients of the risks of deportation arising from guilty pleas), does not apply retroactively to cases that became final before Padilla was decided. Applying the Teague ...
State v. Bennett, 262 N.C.App. 287, 822 S.E.2d 92 (Nov. 6, 2018)
Criminal Procedure > Counsel Issues > Ineffective Assistance of Counsel > Strickland Attorney Error Issues
Post-Conviction Proceedings > Motions for Appropriate Relief > Claims That Can Be Raised > Significant Change in the Law
Post-Conviction Proceedings > Retroactivity

The court reversed the trial court’s order granting the defendant’s motion for reconsideration and motion for appropriate relief (MAR), holding that the requirement that counsel advise the defendant of the immigration consequences of a plea agreement established by Padilla does not...
State v. Alshaif, 219 N.C. App. 162 (Feb. 21, 2012)
Post-Conviction Proceedings > Retroactivity

The court held that Padilla v. Kentucky, 559 U.S. 356 (Mar. 31, 2010), dealing with ineffective assistance of counsel in connection with advice regarding the immigration consequences of a plea, did not apply retroactively to the defendant’s motion for appropriate relief. Applying ...
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