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., 02/28/2024
E.g., 02/28/2024
State v. Morgan, 259 N.C.App. 179, 814 S.E.2d 843 (Apr. 17, 2018) rev’d in part on other grounds, 372 N.C. 609, 831 S.E.2d 254 (Aug 16 2019)

Because the defendant was not given notice and an opportunity to be heard as to the final amount of attorneys’ fees that would be entered against him, the court vacated the civil judgment entered pursuant to G.S. 7A-455 and remanded to the trial court. At sentencing, the trial court may enter a...

The trial court erred by entering a civil judgment against the defendant for the attorneys’ fees incurred by his court-appointed counsel under G.S. 7A-455 without providing the defendant with notice and an opportunity to be heard. The court explained, in part:

With respect to counsel fees...

The court agreed with the defendant that a civil judgment imposing fees against him must be vacated because neither the defense counsel’s total attorney fee amount nor the appointment fee were discussed in open court with the defendant. The court noted that on remand the State may apply for...

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