Legal Opinion

State v. Whitaker

Supreme Court of North Carolina

Decided October 8, 2010No. 21A10PublishedCited by 20 opinions

1Opinion of the Court

BRADY, Justice.

This case requires us to determine whether the 2004 amendment to N.C.G.S. § 14-415.1, which prohibits convicted felons from possessing any firearm in any location, violates state and federal constitutional protections against ex post facto laws or is an unconstitutional bill of attainder. We hold that the amended statute is not an impermissible ex post facto law or bill of attainder. Accordingly, we affirm the decision of the Court of Appeals.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant Douglas Dwayne Whitaker, a convicted felon with an extensive criminal record, was informed by…

2Cases cited13 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Kansas v. HendricksSupreme Court of the United States · 1997
  4. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  5. Smith v. DoeSupreme Court of the United States · 2003

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3Cited by20 opinions

  1. Johnston v. StateCourt of Appeals of North Carolina · 2012
  2. State v. WigginsCourt of Appeals of North Carolina · 2011
  3. State v. DanielsCourt of Appeals of North Carolina · 2012
  4. Baysden v. StateCourt of Appeals of North Carolina · 2011
  5. State v. BuddingtonCourt of Appeals of North Carolina · 2011

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

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