Legal Opinion · Concurrence

State v. Maready

Court of Appeals of North Carolina

Decided July 6, 2010No. COA07-171-2Published

1ConcurrenceErvin, Judge

Although I concur in the Court’s conclusion that defendant is entitled to a new trial in the cases in which he was convicted of second degree murder based on his trial counsel’s unconsented-to concession of guilt to involuntary manslaughter and in the remainder of the Court’s opinion, I am unable to fully join in the logic by which the Court reaches its decision with respect to the “concession of guilt” issue. As a result, I concur in part and concur in the result in part.

As the record clearly shows, defendant’s trial counsel conceded his client’s guilt of involuntary manslaughter, two counts…

2Cases cited26 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. CronicSupreme Court of the United States · 1984
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. Taylor v. IllinoisSupreme Court of the United States · 1988
  5. Geders v. United StatesSupreme Court of the United States · 1976

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