Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Walters, 375 N.C. 484 (Sept. 25, 2020)
In a per curiam opinion, for the reasons stated in State v. Robinson, ___ N.C. ___, 846 S.E.2d 711 (2020) the court vacated the trial court’s order dismissing the defendant’s motion for appropriate relief filed pursuant to the Racial Justice Act and remanded the case for the reinstatement of the defendant’s sentence of life imprisonment without parole.
Justice Ervin, joined by Justice Davis, concurred in the result because he was bound by the decision in Robinson, a case in which he dissented. Were he not bound by Robinson, Justice Ervin would have dissented for the reasons he stated in Robinson.
Justice Newby dissented for the reasons stated in his dissenting opinion in Robinson.