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. Graves, COA24-308, ___ N.C. App. ___ 2024-11-05

Evidence > Crawford Issues & Confrontation Clause > Testimonial/Nontestimonial Distinction

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In this Cabarrus County case, defendant appealed his conviction for first-degree murder, arguing error in admitting Facebook messages as business records without an affidavit sworn before a notary. The Court of Appeals found no error.

In April of 2021, the victim was shot outside a...

State v. Hollis, COA 23-838, ___ N.C. App. ___ 2024-08-06

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In this New Hanover case, defendant appealed her conviction for embezzlement of property received by virtue of office or employment, arguing error in admitting business records without an affidavit sworn before a notary public. The Court of Appeals disagreed, finding no error.

Defendant...

State v. Waycaster, ___ N.C. App. ___, 818 S.E.2d 189 2018-08-07 aff'd on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Aug 14 2020)

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In a case where the defendant was convicted of interfering with an electronic monitoring device, the court rejected the defendant’s argument that the trial court committed plain error by admitting hearsay evidence regarding the ankle monitor in question. The defendant was subjected to electronic...

State v. Hicks, 243 N.C. App. 628 2015-10-20

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In this methamphetamine case, a report about the defendant’s pseudoephedrine purchases was properly admitted as a business record. The report was generated from the NPLEx database. The defendant argued that the State failed to lay a proper foundation, asserting that the State was required to...

State v. Jackson, 229 N.C. App. 644 2013-09-17

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

The trial court properly admitted data obtained from an electronic surveillance device worn by the defendant and placing him at the scene. The specific evidence included an exhibit showing an event log compiled from data retrieved from the defendant’s device and a video file plotting the...

Joines v. Moffitt, 226 N.C. App. 61 2013-03-19

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In this civil case the court held that an officer’s accident report, prepared near the time of the accident, using information from individuals who had personal knowledge of the accident was admissible under the Rule 803(6) hearsay exception.

State v. Sneed, 210 N.C. App. 622 2011-04-05

Evidence > Hearsay > Hearsay Exceptions > Rule 803(6) – Records of Regularly Conducted Activity

In a case in which the defendant was charged with, among other things, armed robbery and possession of a stolen handgun, no plain error occurred when the trial court admitted, under Rule 803(6) (records of regularly conducted activity) testimony that the National Crime Information Center ("NCIC...

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