Legal Opinion · Dissent

State v. Cruz

Court of Appeals of North Carolina

Decided April 6, 2010No. COA09-386Published

1Dissent

HUNTER, JR., Robert N., Judge,

dissenting:

On 7 May 2005, defendant was involved in an altercation with six men, including Ignacio Tolentino (“Ignacio”) and Santiago Aquino Rivera (“Santiago”). The altercation took place in part inside the home of Ignacio and Santiago. The following additional evidence, not all of which is included in the majority’s opinion, describing this altercation informs my decision to dissent.

*241The relevant State’s evidence on the issue of self-defense is as follows: While defendant and Ignacio were fighting, Santiago walked down the hallway to the bedroom where Renaut and…

2Cases cited16 opinions

  1. State v. WilkersonSupreme Court of North Carolina · 1978
  2. State v. BushSupreme Court of North Carolina · 1982
  3. State v. DooleySupreme Court of North Carolina · 1974
  4. State v. LyonsSupreme Court of North Carolina · 1995
  5. State v. WrightSupreme Court of North Carolina · 1981

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