Legal Opinion · Dissent

State v. J.C.

Supreme Court of North Carolina

Decided May 10, 2019No. 405PA17Published

1Dissent

Justice NEWBY dissenting.

The rule of law requires equal treatment to everyone similarly situated. Our appellate process assures uniform application of the law. Today the majority's decision deprives the parties to an expunction proceeding of a right to appeal, opening the door to inconsistent expungement decisions and depriving the trial bench of needed guidance. This case decides whether a party may appeal a trial court's final order from an ancillary expunction proceeding under N.C.G.S. § 15A-145.5. Contrary to the majority's conclusion, a straightforward application of N.C.G.S. § 7A-27,…

2Cases cited13 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. State v. ElkersonSupreme Court of North Carolina · 1982
  3. State v. . WhitehurstSupreme Court of North Carolina · 1937
  4. NORTH CAROLINA STATE HIGHWAY COM'N v. NucklesSupreme Court of North Carolina · 1967
  5. State v. WhitehurstSupreme Court of North Carolina · 1937

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