Legal Opinion
State v. Whiteley
Court of Appeals of North Carolina
Decided August 16, 2005No. COA04-636PublishedCited by 14 opinions
1Opinion of the Court
HUNTER, Judge.
Gregory Paul Whiteley (“defendant”) appeals from a judgment dated 17 July 2003 entered consistent with a jury verdict finding him guilty of a crime against nature. Defendant contends the trial court erred in denying his motion to dismiss and in submitting the offense of a crime against nature to the jury, on the grounds that the statute creating the offense, N.C. Gen. Stat. § 14-177 (2003), is unconstitutional. Although we do not find section 14-177. unconstitutional on its face, we find the statute unconstitutional as applied to the facts of this case and, therefore, vacate…
2Cases cited23 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Ashe v. SwensonSupreme Court of the United States · 1970
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- Lawrence v. TexasSupreme Court of the United States · 2003
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HuntSupreme Court of North Carolina · 2012
- State v. HaddockCourt of Appeals of North Carolina · 2008
- Singson v. CommonwealthCourt of Appeals of Virginia · 2005
- State v. RamosCourt of Appeals of North Carolina · 2008
- In re R.L.C.Court of Appeals of North Carolina · 2006
9 more not listed; retrieve them via the Exa API.