Lineberger v. North Carolina Department of Correction

With respect to the merits of this appeal, I agree that the trial court should be affirmed, but I reach this conclusion on different grounds than that of the majority opinion. I concur fully with the majority opinion’s conclusion that this case does not represent a collateral attack on plaintiff’s 1994 criminal judgment imposing a sentence of 40 years. In order for this case to constitute a collateral attack, Lineberger would have to be seeking relief from his 40-year sentence. He is not. Regardless of the outcome of this case, Lineberger’s 40-year sentence remains intact. The only material…