State v. Baynes
Cases that cite this one
1 later published case cites this decision.
- Strickland v. Lee (District Court, W.D. North Carolina 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The issue raised by the dissent in the Court of Appeals has been determined by this Court’s decision in State v. House, 340 N.C. 187, 196-97, 456 S.E.2d 292, 297 (1995). Accordingly, for the reasons stated in House, the decision of the Court of Appeals is reversed, and this case is remanded to the Court of Appeals for remand to the Superior Court for reinstatement of the judgments on defendant’s convictions of second-degree murder, felony child abuse, and misdemeanor child abuse. As stated in House, this decision is without prejudice to this defendant’s right to raise the issue of ineffective assistance of counsel based on State v. Harbison, 315 N.C. 175, 337 S.E.2d 504 (1985), cert. denied, 476 U.S. 1123, 90 L. Ed. 2d 672 (1986), by filing a motion for appropriate relief in the Superior Court.
Further, we now determine that discretionary review of the additional issues was improvidently allowed.
PETITION FOR DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED; REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.