State v. Austin

Supreme Court of North Carolina

State v. Austin

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 294PA17

Filed 21 September 2018 STATE OF NORTH CAROLINA

v. NANCY BENGE AUSTIN

On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review an unpublished order of the Court of Appeals dated 4 August 2017 denying defendant’s petitions for writ of mandamus or writ of certiorari to review an order entered on 14 November 2016 by Judge Bryan Collins in Superior Court, Caldwell County. Heard in the Supreme Court on 27 August 2018.

Joshua H. Stein, Attorney General, by Joseph L. Hyde, Assistant Attorney

General, for the State.

Glenn Gerding, Appellate Defender, by Daniel Shatz, Assistant Appellate

Defender, for defendant-appellant.

PER CURIAM.

CERTIORARI IMPROVIDENTLY ALLOWED.

Reference

Status
Published
Syllabus
Whether N.C.G.S. 15A-954(a)(9) establishes a procedure to hear a pretrial motion by a defendant to dismiss a murder charge based on the immunity provision of section 14-51.2, the 'castle doctrine.'