State v. Mills
Supreme Court of North Carolina
State v. Mills
Opinion
IN THE SUPREME COURT OF NORTH CAROLINA
No. 526A13-2
Filed 10 May 2019 STATE OF NORTH CAROLINA
v. TIMOTHY GLEN MILLS
Appeal pursuant to N.C.G.S. § 7A-30(2) from the unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 813 S.E.2d 478 (2018), reversing an order denying defendant’s motion for appropriate relief entered on 13 September 2016 by Judge Marvin P. Pope, Jr. in Superior Court, McDowell County, and remanding for a new trial. Heard in the Supreme Court on 8 April 2019.
Joshua H. Stein, Attorney General, by Sherri Horner Lawrence, Assistant
Attorney General, for the State-appellant.
N.C. Prisoner Legal Services, Inc., by Mary E. McNeill, for defendant-appellee.
PER CURIAM.
AFFIRMED.
Justice DAVIS did not participate in the consideration or decision of this case.
Reference
- Status
- Published
- Syllabus
- Appeal from Court of Appeals decision reversing lower court's denial of defendant's motion for appropriate relief following his conviction for sexual offenses against a minor whether the court erred in admitting testimony at trial under Evidence Rule 404(b) regarding defendant's alleged prior sexual misconduct whether defendant's appellate counsel provided ineffective assistance by failing to argue plain error in admission of that evidence, thus causing the COA to dismiss defendant's direct appeal from his convictions.