Opinion
No. 21P22.
04-06-2023
STATE of North Carolina v. Broderick Tywone RUTH.
Justin Isaac Eason , Assistant Attorney General, For State of North Carolina. Glenn Gerding , Appellate Defender. Heidi E. Reiner , Assistant Appellate Defender, For Ruth, Broderick Tywone.
Justin Isaac Eason , Assistant Attorney General, For State of North Carolina.
Glenn Gerding , Appellate Defender.
Heidi E. Reiner , Assistant Appellate Defender, For Ruth, Broderick Tywone.
ORDER
Upon consideration of the State's petition for discretionary review, the Court allows defendant's petition for the limited purpose of remanding this case to the Court of Appeals for reconsideration in light of this Court's opinion in State v. Campbell issued 6 April 2023.
By order of the Court in Conference, this the 6th day of April 2023.
Justice EARLS dissenting.
The State's petition in this case seeks to raise the following specific question: "Did the Court of Appeals err as a matter of law by ordering a new trial when the record revealed that remand would be sufficient to protect defendant's rights under Batson v. Kentucky." That question does not arise in, and was not addressed by, this Court's opinion in State v. Campbell. Therefore, Campbell is not controlling in this case as it was presented to us and I dissent from this order remanding for reconsideration.
Justice MORGAN joins in this dissent.