State v. Marcoplos
This text of 580 S.E.2d 691 (State v. Marcoplos) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendants appeal to this Court from the decision of the Court of Appeals on the basis of a dissent. We affirm the decision of the Court of Appeals.
Defendants, in their brief and at oral argument, further sought review in this Court of a constitutional issue originally presented to but not addressed by the Court of Appeals. We decline to consider this constitutional issue in the first instance. This matter is remanded to the Court of Appeals so that this issue may be addressed by that court.
AFFIRMED and REMANDED.
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Cite This Page — Counsel Stack
580 S.E.2d 691, 357 N.C. 245, 2003 N.C. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marcoplos-nc-2003.