Lineberger v. North Carolina Department of Correction

I must respectfully dissent from the majority’s opinion. Although I agree that the interpretation of whether parole eligibility statutes are properly applied may be a question of law subject to the Declaratory Judgment Act, I would hold that the complaint in the instant case is properly a matter for a motion for appropriate relief, and that the trial court’s order was an impermissible collateral attack on plaintiff’s conviction. I also believe it is necessary to clarify the factual background of this case.

During a 24 June 1996 status review, a parole case analyst certified plaintiff’s parole…