Legal Opinion

State v. Curtis

Supreme Court of North Carolina

Decided August 17, 2018No. 441PA16PublishedCited by 11 opinions

1Opinion of the Court

JACKSON, Justice.

**356 In this case we consider whether the two-year statute of limitations in N.C.G.S. § 15-1 bars the State from prosecuting defendant Marian Olivia Curtis for the misdemeanor offense of driving while impaired (DWI) when the State did not charge defendant by indictment or presentment and did not commence prosecution within that period. Because we conclude that other valid criminal pleadings listed in N.C.G.S. § 15A-921, including the citation issued to defendant in this case, toll the section 15-1 statute of limitations, we reverse the decision of the Court of Appeals…

2Cases cited15 opinions

  1. United States v. LovascoSupreme Court of the United States · 1977
  2. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  3. Liberty Mutual Insurance v. PenningtonSupreme Court of North Carolina · 2002
  4. Correll v. Division of Social ServicesSupreme Court of North Carolina · 1992
  5. Mazda Motors of America, Inc. v. Southwestern Motors, Inc.Supreme Court of North Carolina · 1979

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3Cited by11 opinions

  1. Joyce McKiver v. Murphy-Brown, LLCCourt of Appeals for the Fourth Circuit · 2020
  2. Robert Whitmire v. Southern Farm Bureau Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2022
  3. State v. TurnerSupreme Court of North Carolina · 2018
  4. State v. StevensCourt of Appeals of North Carolina · 2019
  5. Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.Supreme Court of North Carolina · 2022

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