Legal Opinion

State v. Irby

Court of Appeals of North Carolina

Decided February 1, 1994No. 9217SC696PublishedCited by 5 opinions

1Opinion of the Court

COZORT, Judge.

Defendant was convicted of two counts of second degree murder and sentenced to life in prison. We find the trial court committed prejudicial error in admitting evidence that the defendant had been involved in a shooting incident three years earlier, and we remand for a new trial.

The State presented the following evidence. On 1 December 1990, Keith Dunevant, aged 33, Kim Dunevant, aged 30, and Coy Dunevant were on a farm owned by Coy Dunevant’s mother and located in southern Caswell County. Keith and Kim had gone to the farm to hunt. Keith had a pump shotgun and a fixed blade…

2Cases cited20 opinions

  1. State v. CoffeySupreme Court of North Carolina · 1990
  2. State v. McClainSupreme Court of North Carolina · 1954
  3. State v. MorganSupreme Court of North Carolina · 1986
  4. State v. BagleySupreme Court of North Carolina · 1987
  5. State v. RowlandSupreme Court of North Carolina · 1965

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. ElliottCourt of Appeals of North Carolina · 2000
  2. State v. BaldwinCourt of Appeals of North Carolina · 2000
  3. State v. CoonceCourt of Appeals of Utah · 2001
  4. State v. ElliottCourt of Appeals of North Carolina · 2000
  5. State v. StricklandCourt of Appeals of North Carolina · 2009

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