Smith's Criminal Case Compendium

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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State v. Davenport, 155PA22, ___ N.C. ___ 2024-08-23

Criminal Offenses > Robbery > Evidence of Defendant As Perpetrator

Criminal Offenses > Robbery > Generally

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

Evidence > Prior Acts--404(b) Evidence > Miscellaneous 404(b) Cases

In this Martin County case, the Supreme Court reversed an unpublished Court of Appeals decision granting defendant a new trial for first-degree murder and finding that the robbery with a dangerous weapon charge should have been dismissed. The Court held that (1) the State admitted substantial...

State v. Lowery, ___ N.C. App. ___, 2021-NCCOA-312 2021-07-06

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

The victim in this Davie County murder case was a “neighborhood runner,” running errands for people in general, and allegedly running drugs for the defendant. One afternoon, a friend of the victim was walking home and discovered the victim laying near railroad tracks. The victim told his...

State v. Blankenship, ___ N.C. App. ___, 814 S.E.2d 901 2018-04-17 temp. stay granted, ___ N.C. ___, 812 S.E.2d 666 (May 3 2018)

Evidence > Hearsay > Hearsay Exceptions > Residual Exceptions

Evidence > Hearsay > Hearsay Exceptions > Rule 803(1) – Present Sense Impression

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

In this child sexual assault case, the trial court did not err by admitting hearsay statements of the victim. At issue were several statements by the child victim. In all of them, the victim said some version of “daddy put his weiner in my coochie.”

First, the trial court admitted the...

State v. McLaughlin, 246 N.C. App. 306 2016-03-15

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

In this child sexual assault case, the trial court did not err by admitting the victim’s statements to his mother under the excited utterance exception. The court rejected the defendant’s argument that a 10-day gap between the last incident of sexual abuse and the victim’s statements to his...

State v. Young, 233 N.C. App. 207 2014-04-01 rev’d on other grounds, 368 N.C. 188 (Aug 21 2015)

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

In this murder case where the defendant was charged with killing his wife, statements by the couple’s child to daycare workers made six days after her mother was killed were admissible as excited utterances. The child’s daycare teacher testified that the child asked her for “the mommy doll.”...

State v. Carter, 216 N.C. App. 453 2011-11-01 rev’d on other grounds, 366 N.C. 496 (Apr 12 2013)

Evidence > Hearsay > Hearsay Exceptions > Rule 803(2) – Excited Utterance

(1) In a child sexual assault case, the trial court did not err by declining to admit defense-proffered evidence offered under the hearsay exception for excited utterances. The evidence was the victim’s statement to a social worker made during “play therapy” sessions. Because the record...

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