Legal Opinion
State v. Rivens
Supreme Court of North Carolina
Decided February 1, 1980No. 100PublishedCited by 24 opinions
1Opinion of the Court
COPELAND, Justice.
In awarding the defendant a new trial in an unpublished opinion filed on 15 May 1979, the Court of Appeals relied on a decision by this Court announced in 1971, State v. Bailey, 278 N.C. 80, 178 S.E. 2d 809 (1971). Three days after the Court of Appeals filed its opinion in this case, this Court overruled Bailey in the decision of State v. Thompson, 297 N.C. 285, 254 S.E. 2d 526 (1979).
The State argues that the case sub judice is factually indistinguishable from Thompson and thus, we should apply Thompson as precedent for this case and conclude that no new trial is required.…
2Cases cited32 opinions
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
- Fahy v. ConnecticutSupreme Court of the United States · 1963
- Frank v. MangumSupreme Court of the United States · 1915
- Meredith v. Winter HavenSupreme Court of the United States · 1943
27 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. PorterSupreme Court of North Carolina · 1981
- State v. VanceSupreme Court of North Carolina · 1991
- State v. ZunigaSupreme Court of North Carolina · 1994
- State Ex Rel. Long v. Petree Stockton, L.L.P.Court of Appeals of North Carolina · 1998
- Dunleavy v. YATES CONST. CO., INC.Court of Appeals of North Carolina · 1992
19 more not listed; retrieve them via the Exa API.