Legal Opinion · Concurrence

Haynes v. State

Court of Appeals of North Carolina

Decided October 25, 1972No. 7216SC765Published

1Concurrence

Chief Judge Mallard

concurring in the result.

On the basis of what was said by this court in Pinyatello v. State, 14 N.C. App. 706, 189 S.E. 2d 574 (1972), I concur in the result reached that the superior court was correct in denying petitioner credit for time spent in custody awaiting trial and denying petitioner credit for time spent in custody pending appeal.

While I agree that ordinarily this court is not bound by the “pronouncements” of the United States Circuit Courts, I do not agree with the broad statement in the majority opinion that “(t)his court is not bound by the pronouncements of…

2Cases cited2 opinions

  1. State v. BarberSupreme Court of North Carolina · 1971
  2. Pinyatello v. StateCourt of Appeals of North Carolina · 1972

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