Legal Opinion

State v. Malette

Supreme Court of North Carolina

Decided February 5, 1999No. 79PA98PublishedCited by 2 opinions

1Opinion of the Court

ORR, Justice.

The issue in this case is whether N.C.G.S. § 15A-534.1(b), which sets forth the conditions of bail and pretrial release for individuals accused of crimes of domestic violence, is unconstitutional, on its face and as applied to defendant, under the Due Process and Double Jeopardy Clauses of the United States Constitution. In State v. Thompson, 349 N.C. 483, 508 S.E.2d 277 (1998), we held that N.C.G.S. § 15A-534.1(b), while unconstitutionally applied to the defendant in that case, is facially constitutional for the reasons set forth therein. Thus,- we turn our attention to whether…

2Cases cited4 opinions

  1. Schall v. MartinSupreme Court of the United States · 1984
  2. State v. ThompsonSupreme Court of North Carolina · 1998
  3. State v. ThompsonCourt of Appeals of North Carolina · 1998
  4. State v. ThompsonCourt of Appeals of North Carolina · 1998

3Cited by2 opinions

  1. State v. CleggCourt of Appeals of North Carolina · 2001
  2. State v. JenkinsCourt of Appeals of North Carolina · 2000

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