State v. Duncan
| Decision Date | 12 December 2008 |
| Docket Number | No. 91A08.,91A08. |
| Citation | 669 S.E.2d 738,362 N.C. 665 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Thomas Howard DUNCAN. |
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. ___, 656 S.E.2d 597 (2008), vacating a judgment entered on 28 June 2006 by Judge Gary E. Trawick in Superior Court, Brunswick County, and remanding for a new trial. On 11 June 2008, the Supreme Court allowed the State's petition for discretionary review of an additional issue. Heard in the Supreme Court 17 November 2008.
Roy Cooper, Attorney General, by John G. Barnwell, Assistant Attorney General, and Jonathan P. Babb, Special Deputy Attorney General, for the State-appellant.
Center for Death Penalty Litigation, by Lisa Miles, Durham, for defendant-appellee.
For the reasons stated in the dissenting opinion of the Court of Appeals, the decision of the Court of Appeals is reversed and that court is instructed to reinstate the judgment of the trial court. Discretionary review of the additional issue was improvidently allowed. Defendant's claim of ineffective assistance of counsel is dismissed without prejudice to his right to raise that issue by filing a motion for appropriate relief in the superior court.
REVERSED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
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State v. Streater
... ... Duncan, 188 N.C.App. 508, 517, 656 S.E.2d 597, 603 (Hunter, J., dissenting), disc. review improvidently allowed, reversed, 362 N.C. 665, 669 S.E.2d 738 (2008) ("For the reasons stated in the dissenting opinion of the Court of Appeals, the decision of the Court of Appeals is reversed[.]") ... ...
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State v. Streater
... ... Duncan, 188 N.C.App. 508, 517, 656 S.E.2d 597, 603 (Hunter, J., dissenting), per curiam reversed, 362 N.C. 665, 666, 669 S.E.2d 738, 738 (2008) ("For the reasons stated in the dissenting opinion of the Court of Appeals, the decision of the ... ...
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State v. Keaton, No. COA08-840 (N.C. App. 5/19/2009)
... ... Duncan, 188 N.C. App. 508, 517, 656 S.E.2d 597, 603 (Hunter, J. dissenting) (citing State v. Braswell, 312 N.C. 553, 562, 324 S.E.2d 241, 248 (1985)), rev'd, 362 N.C. 665, 666, 669 S.E.2d 738, 738 (2008) (per curiam) ("For the reasons stated in the dissenting opinion of the Court of Appeals, the decision ... ...
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State v. Potter
... ... Accordingly, this issue is dismissed without prejudice to defendant's right to raise these arguments in a motion for appropriate relief filed in the trial court. See State v. Duncan, 188 N.C.App. 508, 656 S.E.2d 597 (Hunter, J., dissenting) ("[i]f an ineffective assistance of counsel claim is prematurely brought, this Court may dismiss the claim without prejudice, allowing the defendant to reassert the claim during a subsequent motion for appropriate relief proceeding."), ... ...