Legal Opinion · Concurring in part, dissenting in part

State v. Hart

Court of Appeals of North Carolina

Decided August 1, 2006No. COA05-1488Published

1Concurring in part, dissenting in partHunter, Judge

I disagree with the majority’s decision that one of defendant’s arguments must be dismissed for appellate rules violations. Ac*44cordingly, I respectfully dissent from that portion of the opinion dismissing defendant’s arguments relating to the admission of the testimony by the officer regarding the “crack'pipe”.

The majority holds that defendant’s fourth assignment of error is “beyond the scope of appellate review” under North Carolina Appellate Rule 10 because the assignment of error is purportedly “broad, vague, and unspecific, and . . . fails to identify the issues on appeal.” However, “[a]n…

2Cases cited11 opinions

  1. Viar v. North Carolina Department of TransportationSupreme Court of North Carolina · 2005
  2. Nelson v. Hartford Underwriters InsuranceCourt of Appeals of North Carolina · 2006
  3. Youse v. Duke Energy Corp.Court of Appeals of North Carolina · 2005
  4. Wetchin v. Ocean Side Corp.Court of Appeals of North Carolina · 2005
  5. Coley v. StateCourt of Appeals of North Carolina · 2005

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