State v. Jacobs

681 S.E.2d 339, 363 N.C. 576, 2009 N.C. LEXIS 717
Supreme Court of North Carolina·Decided August 28, 2009·No. 617PA05-2·Published

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.

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State v. Jacobs, 681 S.E.2d 339, 363 N.C. 576, 2009 N.C. LEXIS 717 (N.C. 2009).

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Related

Blackwell v. North Carolina
127 S. Ct. 2281 (Supreme Court, 2007)
State v. Tucker
588 S.E.2d 853 (Supreme Court of North Carolina, 2003)
State v. Blackwell
638 S.E.2d 452 (Supreme Court of North Carolina, 2006)