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., 10/22/2021
E.g., 10/22/2021

The Sixth Amendment right to a public trial extends to the voir dire of prospective jurors. Trial courts are required to consider alternatives to closure even when they are not offered by the parties.

In a child sexual abuse case, the trial court did not violate the defendant’s right to a public trial by closing the courtroom for part of the victim’s testimony. The trial court made the requisite inquiries under Waller and made appropriate findings of fact supporting closure.

On appeal after a remand for the trial court to conduct a hearing and make appropriate findings of fact and conclusions of law regarding a closure of the courtroom during testimony by a child sexual abuse victim, the court held that the closure of the courtroom was proper and that the defendant’...

In a sexual exploitation of a minor case, the trial court did not violate the defendant’s constitutional right to a public trial by closing the courtroom during the presentation of the sexual images at issue. 

The trial court did not err on remand when it conducted a retrospective hearing to determine whether closure of the courtroom during the victim’s testimony was proper under Waller v. Georgia and decided that question in the affirmative. The court rejected the defendant’s argument that...

The trial court did not violate the defendant’s constitutional right to a public trial under Waller v. Georgia by closing the courtroom during a sexual abuse victim’s testimony where the State advanced an overriding interest that was likely to be prejudiced; the closure of the courtroom...

The trial court violated the defendant’s right to a public trial by temporarily closing the courtroom while the victim testified concerning an alleged rape perpetrated by defendant without engaging in the four-part test set forth in Waller v. Georgia, 467 U.S. 39 (1984). The court held...

In a child sexual abuse case, the trial court did not err by excluding spectators from the courtroom during the victim’s testimony. The court excluded all spectators except the victim’s mother and stepfather, investigators for each side, and a high school class. Because the defendant did not...

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