State v. Boyd, 354P11.
| Citation | 739 S.E.2d 838,366 N.C. 210 |
| Decision Date | 13 June 2012 |
| Docket Number | No. 354P11.,354P11. |
| Parties | STATE of North Carolina v. Bryant Lamont BOYD. |
| Court | United States State Supreme Court of North Carolina |
OPINION TEXT STARTS HERE
Robert C. Montgomery, Special Deputy Attorney General, for State of North Carolina.
Andrew DeSimone, Assistant Appellate Defender, for Boyd, Bryant Lamont.
James R. Woodall, Jr., District Attorney, for State of North Carolina.
ORDER
The State's Petition for Discretionary Review is allowed for the limited purpose of remanding to the Court of Appeals for application of plain error review pursuant to State v. Lawrence, 365 N.C. 506, 723 S.E.2d 326 (2012). The State's Petition for Writ of Supersedeas is denied and defendant's Conditional Petition for Discretionary Review is dismissed as moot:
“Spec Order by order of the Court in conference, this the 13th of June 2012.”
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3 cases
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State v. Malachi, 142PA17
...v. Boyd , 222 N.C. App. 160, 173, 730 S.E.2d 193, 201 (2012) (Stroud, J., dissenting) ). The Court of Appeals interpreted our decision in Boyd to be limited to "plain error review" rather than eliminating "the long established presumption that the jury relied on an erroneous disjunctive ins......
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Walters v. Cooper, 156A13.
...739 S.E.2d 838Paul E. WALTERS, Plaintiff,v.Roy A. COOPER, III, in his Official Capacity as Attorney General for the State of North Carolina, Defendant.No. 156A13.Supreme Court of North Carolina.April 3, J. Richard Hamlett, II, for Walters, Paul E.William P. Hart, Jr., Assistant Attorney Gen......
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State v. Boyd, COA10–1072–3.
...v. Lawrence, 365 N.C. 506, 723 S.E.2d 326 (2012),” which clarifies the appropriate standard of review for plain error. State v. Boyd, 366 N.C. 210, 739 S.E.2d 838 (2012). As per our Supreme Court's order, we conducted a new analysis under plain error review on issue one: whether the trial c......