Legal Opinion

State v. Howard

Court of Appeals of North Carolina

Decided April 19, 2016No. 14-1021PublishedCited by 13 opinions

1Opinion of the Court

CALABRIA, Judge.

*193 The State appeals from the trial court's order granting defendant's motion for appropriate relief ("MAR") on the basis of newly discovered evidence pursuant to N.C. Gen.Stat. § 15A-1415(b)(3), "favorable" post-conviction DNA results pursuant to N.C. Gen.Stat. § 15A-270(c), and violations of the U.S. Constitution. For the reasons that follow, we vacate the trial court's order and remand for an evidentiary hearing.

*194 I. Background

The factual genesis of this case was the 27 November 1991 murders of Doris Washington ("Doris") and her thirteen-year-old daughter, Nishonda Washington…

2Cases cited26 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Napue v. IllinoisSupreme Court of the United States · 1959
  3. State v. AdcockSupreme Court of North Carolina · 1983
  4. State v. ElkersonSupreme Court of North Carolina · 1982
  5. State v. McHoneSupreme Court of North Carolina · 1998

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3Cited by13 opinions

  1. Darryl Howard v. City of DurhamCourt of Appeals for the Fourth Circuit · 2023
  2. John Burr v. Denise JacksonCourt of Appeals for the Fourth Circuit · 2021
  3. State v. ShawCourt of Appeals of North Carolina · 2018
  4. Darryl Howard v. Darrell DowdyCourt of Appeals for the Fourth Circuit · 2023
  5. Lannan v. Bd. of Governors of the Univ. of N.C.Court of Appeals of North Carolina · 2022

8 more not listed; retrieve them via the Exa API.

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