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Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

Table of Contents

Criminal Procedure

Attorney’s Fees

Bond Forfeiture

Capacity to Proceed and Related Issues

Obligation to Address Sua Sponte

Denying Defense Motion for Evaluation

Need for a Hearing

Competency Decision Upheld

Miscellaneous Cases

Collateral Estoppel & Law of the Case

Colloquies with Defendant

Right to Testify

Controlling the Courtroom

Restraining the Defendant

Authority to Stipulate

Right to Control Defense

Denial of Counsel

Absolute Impasse

Civil Proceedings

Competency to Waive & Forfeit Counsel

“Critical Proceedings” Where Counsel Required

Fees, for Counsel & Appointment

Forfeiture of the Right to Counsel

Finding of Forfeiture Proper

Finding of Forfeiture Improper

Term of a Forfeiture

Freezing of Assets Preventing Hiring Of

Hybrid Representation

Professionalism Issues

Right to Proceed Pro Se/Termination of Right

Removal of Counsel/Withdrawal

Representation by Non-Lawyer

Substitute Counsel

Waiver of Right to Counsel

Improper Waiver & Related Issues

Mid-Trial Waiver Request

Request to Waive

Waiver of Right to Appointed Counsel ≠ Waiver of All Counsel

Unequivocal Request to Waive

Withdrawal of Counsel

Ineffective Assistance of Counsel

Conflict of Interest

Denial of Counsel

Harbison Issues

Strickland Attorney Error Issues

Pro Se Defendants

Review on Direct Appeal

Defendant’s Right to Testify

Dismissal of Charges

DNA Testing (Pretrial)

Double Jeopardy

Entry of an Order/Judgment

Experts, Provision of & Funding for

Extending the Session

Forfeiture of Property

Proceedings Required

Evidence Issues

Prior and Predicate Offense Issues

Sentencing Issues

Indictment & Pleading Issues

Bill of Information

Bill of Particulars

Specific Offenses

Accessory After the Fact

Human Trafficking and Related Offenses

Assault with a Deadly Weapon

Assault by Strangulation

Assault on Government Officer

Assault on Handicapped Person

Malicious Conduct by Prisoner

Habitual Misdemeanor Assault

Child Abuse & Related Offenses

Sexual Assaults and Related Offenses

Crime Against Nature

Indecent Liberties

Sex Offender Crimes

Larceny & Related Offenses

Person Who Owned/Possessed the Property

Description of Property Taken

Larceny from Merchant

Habitual Larceny

Possession of Stolen Property

Embezzlement & Larceny by Employee

Frauds & Related Offenses

Obtaining Property By False Pretenses

Identity Theft & Related Offenses

Burglary and Related Offenses

Trespass & Injury to Property Offenses

Resisting an Officer, Obstruction & Related Offenses

Resisting An Officer

Witness Intimidation

Unlicensed Bail Bonding

Disorderly Conduct

Gambling Offenses

Arson & Burning Offenses

Weapons Offenses

Carrying Concealed

Discharging Weapon Into Property

Felon in Possession

Possession of Weapons on School Grounds

Amount of Drugs

Drug Activity Near School, Child Care, Park

Sale and Delivery of Controlled Substance

Manufacture a Controlled Substance

Maintaining a Dwelling

Precursor Chemical Offenses

Motor Vehicle Offenses

Impaired Driving

Felony Speeding to Elude

Habitual Impaired Driving

G.S. 14-3 Misdemeanor Sentencing Enhancement

Of Fatal Variance

Of Fatal Defect

Retrial/Trial De Novo

Superseding Indictment

Misdemeanor Statement of Charges

Time to Challenge Indictment

Juvenile Petitions

Initial Appearance Procedure

Involuntary Commitment

Judge’s Expression of Opinion

Judgment & Entry of Order

Jurisdictional Issues

Jury Trial, Waiver

Jury, Questioning Witnesses

Jury Deliberations

Deadlock, Coerced Verdict & Related Issues

Request for Transcripts & Exhibits & Related Issues

Questions from Jury

Jury Misconduct & Improper Contact with Jurors

Jury Instructions

Charge Conference

Corrected Instructions

Definitions of Terms

Material Conflict in Instructions

Additional Instructions

In Response to Jury Note or Question

Form & Timing of Request

Multiple Charges

Multiple Defendants

“Overinstructing”—Charging Element Not Required By Law

Use of Word “Victim”

Theory Not Supported by Evidence

Miscellaneous Issues

Law of the Case

Napue Violations

Preservation of Evidence

Pretrial Release

Probable Cause Hearings

Recusal of District Attorney

Right to Present a Defense

Trial in the Defendant’s Absence; Right to Be Present

Aggravating Factors/Sentence

Active Sentence

Bible References

Blakely & Apprendi Issues

Bulletproof Vest Enhancement

Commitment Order

Charge Conference at Sentencing Hearing

Consolidated or Consecutive Offenses

DVPO Enhancements

Extraordinary Mitigation

Eighth Amendment Issues

Evidence at Sentencing Hearing

Fair Sentencing

Gang Offense Issues

Impermissibly Based on Exercise of Rights/Poverty

Matters Outside the Record

Life Without Possibility of Parole

Meaning of “Month”

Limit on Consecutive Sentences

Prejudice Enhancement

Miscellaneous Cases

Mitigating Factors/Sentence

Post-Release Supervision

Prayer for Judgment Continued

Presumptive Range Sentencing

Application of Credits Against Sentence

Right to be Present

Second-Degree Murder

Suppression of Conviction that Violated Right to Counsel

Trafficking Offenses

When Sentence Begins

Selective Prosecution

Spectators in the Courtroom

Speedy Trial & Related Issues

Unanimous Verdict Issues

Impeaching the Verdict

Mutually Exclusive Verdicts

Partial Verdict

Polling the Jury

Vindictive Prosecution

Securing Attendance Of

Remote Testimony

Alcohol Tests, Generally

Limiting Instructions

Arrest Warrant, Admission of

Applicability of Evidence Rules

Civil Judgment & Pleadings

Best Evidence Rule

Competency of Witnesses

Child Witnesses

Elderly Witnesses

Personal Knowledge

Course of Conduct

Demonstrations & Experiments

Judicial Notice

Right to Present a Defense

Rule 611 (Mode and Order of Interrogation & Presentation)

Character Evidence

Victim’s Violence

Victim’s Good Character

Of 404(b) Victim

Direct Examination

Rule 609 (Impeachment with Conviction of Crime)

Fifth Amendment (Self-Incrimination) Issues

Forfeiture Exception

Impeachment of the Verdict

Objections & Motions to Strike

On Defendant’s Guilt

Attorney-Client Privilege

Clergy Communicant Privilege

Marital Privilege

Physician-Patient Privilege

Social Worker-Patient Privilege

Photographs, Generally

Refreshed Recollection

Re-Opening Evidence

Rule of Completeness (Rule 106)

Sixth Amendment Issues

Verdict, Impeachment of

Victim Impact Evidence

Vouching for the Credibility of a Victim

Miscellaneous Cases

Arrest, Search, and Investigation

Abandoned Property

Arrests & Investigatory Stops

Exclusionary Rule

Scope of the Exclusionary Rule

Application to Civil Proceedings

Attenuation Doctrine

Good Faith Exception

Inevitable Discovery

Fruit of Poisonous Tree

Exigent Circumstances

Identification of Defendant

Pretrial Line-Up

Other Pretrial Identification

Disclosure of Confidential Informant’s Identity

Jurisdiction of Officers

Pretrial Detention

Protective Sweep

Random Drug Testing

To Challenge Stop of Vehicle

To Challenge Search of Premises

To Challenge Search of Vehicle

Regarding Telephone Records

State Actor Cases

Telephone Records

Vienna Convention

Criminal Offenses

General Intent & Specific Intent Crimes

Transferred Intent

Strict Liability

Human Trafficking and Related Offenses

Participants in Crime

Acting in Concert

Aiding & Abetting

Accessory Before the Fact

Animal Fighting

Accessory After the Fact

Overbreadth and Vagueness

First Amendment Issues

Contributing to Delinquency of Minor

Abuse/Neglect of Elder Adult

Threats & Related Offenses

False Report of Mass Violence

Communicating Threats

Harassing Phone Calls

Sexual Assaults & Related Offenses

Age Difference Between Defendant and Victim for Sexual Assaults

Crime Against Nature

Indecent Liberties

Indecent Liberties with Student

Mentally Disabled Victim

Greater and Lesser-Included Offenses

Physically Helpless

Serious Personal Injury

Sexual Purpose Is not an Element

Multiple Convictions

“Sexual Activity”

Sexual Activity by a Substitute Parent

Sexual Activity by a Custodian

Sexual Activity with a Student

Solicitation of a Child by Computer

Indecent Exposure

Sex Offender Crimes

Being At Place Where Minors Gather

Accessing Social Networking Site

Failure to Register & Related Offenses

Trespass Offenses

Injury to Property Offenses

Arson & Burning Offenses

Disorderly Conduct

Bombing, Terrorism, and Related Offenses

Hoax With False Bomb

Manufacture, Possession, Etc. of a Machine Gun, Sawed-Off Shotgun, or Weapon of Mass Destruction

Sexual Exploitation of a Minor & Obscenity

Obstruction of Justice and Related Offenses

Resist, Delay & Obstruct Officer

Failure to Appear

Obstruction of Justice

Intimidating a Witness

Harassment of a Juror

Stealing Evidence

Unlicensed Bail Bonding

Falsifying Bail Bond Report Information

Regulatory Offenses

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

Navigate using the table of contents to the left or by using the search box below. Use quotations for an exact phrase search. A search for multiple terms without quotations functions as an “or” search. Not sure where to start? The 5 minute video tutorial offers a guided tour of main features – Launch Tutorial (opens in new tab).

Criminal Offenses > Assaults > Culpable Negligence

State v. Davis, 197 N.C. App. 738 2009-07-07 aff’d in part, rev’d in part, 364 N.C. 297 (Aug 27 2010)

Committing a violation of G.S. 20-138.1 (impaired driving) constitutes culpable negligence as a matter of law sufficient to establish the requisite intent for assault with a deadly weapon inflicting serious injury.

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