State v. Jacobs

Supreme Court of North Carolina August 28, 2009

State v. Jacobs, 681 S.E.2d 339 (N.C. 2009)

363 N.C. 576; 2009 N.C. LEXIS 717

Timmons-Goodson

Opinion

PER CURIAM.

Both parties have conceded that State v. Tucker, 357 N.C. 633, 588 S.E.2d 853 (2003), is controlling and was incorrectly applied by the Court of Appeals in this case. Accordingly, the decision of the Court of Appeals is vacated and the case is remanded to that court for reconsideration of the issue of harmless error consistent with State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006), cert. denied, 550 U.S. 948 (2007).

VACATED AND REMANDED.

Justice TIMMONS-GOODSON took no part in the consideration or decision of this case.

Reference

Full Case Name: STATE OF NORTH CAROLINA v. CURLEY JACOBS and BRUCE LEE McMILLIAN
Status: Published