Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

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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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Criminal Offenses > Drug Offenses > Possession > Multiple Convictions

State v. Barnes, 367 N.C. 453 2014-04-11

The court per curiam affirmed the decision below, State v. Barnes, 229 N.C. App. 556 (Sept. 17, 2013). The court of appeals held, in part, that the trial court erred by entering judgment for both simple possession of a controlled substance and possession of a controlled substance on the premises of a local confinement facility when both charges stemmed from the same act of possession. Simple possession is a lesser-included offense of the second charge.
State v. Williams, ___ N.C. App. ___, 796 S.E.2d 823 2017-03-07

Where the defendant was in possession of a bag containing two separate Schedule I controlled substances, Methylone and 4-Methylethcathinone, two convictions were proper. Noting that it had already rejected the argument advanced by the defendant in another case, the court held that the defendant could be punished for two offenses where two different drugs are found in the same mixture.
State v. Simpson, 230 N.C. App. 119 2013-10-15

No double jeopardy violation occurred when the defendant was convicted of trafficking in methamphetamine, manufacturing methamphetamine, and possession of methamphetamine based on the same illegal substance.
State v. Parlee, 209 N.C. App. 144 2011-01-04

For purposes of double jeopardy, a second-degree murder conviction based on unlawful distribution of and ingestion of a controlled substance was not the same offense as sale or delivery of a controlled substance to a juvenile or possession with intent to sell or deliver a controlled substance.
State v. Hall, 203 N.C. App. 712 2010-05-04

A defendant may be convicted and sentenced for both possession of ecstasy and possession of ketamine when both of the controlled substances are contained in a single pill.
State v. Springs, 200 N.C. App. 288 2009-10-06

A defendant may be convicted and punished for both felony possession of marijuana and felony possession of marijuana with intent to sell or deliver.
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