Castleberry v. State

Shamelessly the majority overrules appellant’s motion for rehearing even though the opinion on original submission is in conflict with other opinions of this Court dealing with North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). This conflict was ignored in the opinion on original submission, and was the basis for this writer’s earlier dissent without written opinion. Now over a year and a half after the filing of appellant’s motion for rehearing urging that the majority was wrong on original submission, the majority finally decides to respond by overruling the…