Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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.
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The defendant was arrested in connection with a shooting that left one victim dead and another injured. At the start of their interrogation of the defendant, officers presented him with a written notification of his constitutional rights, which contained Miranda warnings. During the...
Applying Berghuis v. Thompkins, 560 U.S. 370 (2010),the court held that the defendant understood his Miranda rights and through a course of conduct indicating waiver, provided a knowing and voluntary waiver of those rights. During the interrogation, the defendant never said...
Applying Berghuis v. Thompkins, 560 U.S. 370 (2010),the court held that the defendant understood his Miranda rights and through a course of conduct indicating waiver, provided a knowing and voluntary waiver of those rights. During the interrogation, the defendant never said...
This Lee county case has a lengthy procedural history, summarized in State v. Benitez, 258 N.C. App. 491, 813 S.E.2d 268 (2018) (Benitez I). Most recently, the case was remanded to the trial court to conduct a review of the totality of the...
(1) In this case involving a gang-related home invasion and murder, the court remanded to the trial court on the issue of whether the defendant’s waiver of his right to counsel was voluntary. Officers interrogated the 15-year-old defendant four times over an eight hour period. Although he...
No prejudicial error occurred when the trial court denied the defendant’s motion to suppress statements made by him while being transported in a camera-equipped police vehicle. After being read his Miranda rights, the defendant invoked his right to counsel. He made the statements at...
The court rejected the State’s argument that the defendant initiated contact with the police following his initial request for counsel and thus waived his right to counsel. After the defendant asserted his right to counsel, the police returned him to the interrogation room and again asked if he...
(1) After being read his Miranda rights, the defendant knowingly and intelligently waived his right to counsel. The court rejected the defendant’s argument that the fact that he never signed the waiver of rights form established that that no waiver occurred. The court also rejected the...
The defendant’s waiver of Miranda rights was knowing, voluntary, and intelligent. Among other things, the defendant was familiar with the criminal justice system, no threats or promises were made to him before he agreed to talk, and the defendant was not deprived of any necessaries....
The defendant’s waiver of Miranda rights was valid where Miranda warnings were given by an officer who was not fluent in Spanish. The officer communicated effectively with the defendant in Spanish, notwithstanding the lack of fluency. The defendant gave clear, logical, and...
The trial court did not commit plain error by failing to exclude the defendant’s statements to investigating officers after his arrest. The defendant had argued that because of his limited command of English, the Miranda warnings were inadequate and he did not freely and voluntarily...
A SBI Agent’s testimony at the suppression hearing supported the trial court’s finding that the Agent advised the defendant of his Miranda rights, read each statement on the Miranda form and asked the defendant if he understood them, put check marks on the list by each...