Legal Opinion · Dissent

State v. Daniel

Court of Appeals of North Carolina

Decided December 7, 2010No. COA09-1264Published

1DissentElmore, Judge

Because I would reverse the trial court’s denial of Linda Daniel’s (defendant) motion to dismiss, I respectfully dissent.

Defendant argues to this Court that a lengthy detainment irreparably prejudiced her defense against the charge. I agree, and so would reverse.

Around 8 p.m. on 29 December 2007, Charlotte-Mecklenburg Police Officer A. Holt saw a car driven by defendant swerve outside of the appropriate travel lane multiple times. Officer Holt activated his blue lights to stop defendant’s car; she came to a stop in a left turn lane, but began to drive away when the traffic light turned green.…

2Cases cited5 opinions

  1. State v. DietzSupreme Court of North Carolina · 1976
  2. State v. ChamberlainSupreme Court of North Carolina · 1982
  3. State v. KnollSupreme Court of North Carolina · 1988
  4. State v. KnollCourt of Appeals of North Carolina · 1987
  5. State v. HaasCourt of Appeals of North Carolina · 1998

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