Legal Opinion

In Re Petition of Smith

Court of Appeals of North Carolina

Decided July 15, 1986No. 8610SC29PublishedCited by 12 opinions

1Opinion of the Court

MARTIN, Judge.

The only issue involved in this appeal is the constitutionality of G.S. 148-18.1. We hold the statute constitutional and reverse the decision of the trial court.

G.S. 148-18.1, ratified 9 May 1983 and effective on and after that date, provides:

Any item of personal property which a prisoner in any correctional facility is prohibited from possessing by State law or which is not authorized by rules adopted by the Secretary of Correction shall, when found in the possession of a prisoner, be confiscated and destroyed or otherwise disposed of as the Secretary may direct. Any…

2Cases cited7 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Finney v. Arkansas Board of CorrectionCourt of Appeals for the Eighth Circuit · 1974
  3. In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
  4. Holt v. HuttoDistrict Court, E.D. Arkansas · 1973
  5. Dennis Sell and Edward Konder v. Robert F. Parratt, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1977

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

3Cited by12 opinions

  1. Shavitz v. City of High PointDistrict Court, M.D. North Carolina · 2003
  2. Town of Beech Mountain v. Genesis Wildlife Sanctuary, Inc.Court of Appeals of North Carolina · 2016
  3. Beneficial North Carolina, Inc. v. State Ex Rel. North Carolina State Banking CommissionCourt of Appeals of North Carolina · 1997
  4. Treants Enterprises, Inc. v. Onslow CountyCourt of Appeals of North Carolina · 1989
  5. Webb v. LaneAppellate Court of Illinois · 1991

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

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