State v. Tomlin
Court of Appeals of North Carolina
1Opinion of the Court
STROUD, Judge.
The State appeals from the trial court's order granting defendant's Amended Motion for Appropriate Relief ("Amended MAR") on the grounds that the trial court should have held a hearing to determine if he was competent to stand trial. Because defendant effectively abandoned this issue before the trial court, he waived his statutory right to a hearing. We therefore hold that the court erred in granting defendant's Amended MAR on this basis. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
Background
I. Underlying Factual Background
The…
2Cases cited12 opinions
- Miller v. AlabamaSupreme Court of the United States · 2012
- State v. YoungSupreme Court of North Carolina · 1977
- State v. GaitenSupreme Court of North Carolina · 1970
- State v. BadgettSupreme Court of North Carolina · 2007
- State v. KingSupreme Court of North Carolina · 2001
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