STATE v. SURRATT

No. 466PA11-1.

732 S.E.2d 348 (2011)

STATE v. Heather R. SURRATT.

Supreme Court of North Carolina.

December 8, 2011.


Attorney(s) appearing for the Case

Mark Montgomery , Durham, for Surratt, Heather R.

David Gordon , Assistant Attorney General, for State of North Carolina.

Thomas J. Keith , District Attorney, for State of North Carolina.


The stay issued on 31 October 2011 is dissolved. The State's petition for writ of supersedeas is denied. The State's petition for discretionary review is allowed for the limited purpose of vacating the opinion of the Court of Appeals and remanding the case to the Court of Appeals with instructions to consider defendant's remaining issues. This Order is issued without prejudice to defendant's right thereafter to file a Motion for Appropriate Relief in the trial division raising...

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