Summary
holding that a Bowden-class inmate convicted of first-degree felony murder was not entitled to have her credits applied towards calculating an unconditional release date
Summary of this case from State v. BowdenOpinion
No. 517PA09.
Filed 27 August 2010.
On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review an opinion and order entered 14: December 2009 by Judge Ripley E. Rand in Superior Court, Wake County, allowing petitioner's application for writ of habeas corpus and ordering her unconditional release from prison. Heard in the Supreme Court 16 February 2010.
Staples S. Hughes, Appellate Defender, and Katherine Jane Allen, Benjamin Dowling-Sendor, Daniel R. Pollitt, and Daniel K. Shatz, Assistant Appellate Defenders, for petitioner-appellee. Roy Cooper, Attorney General, by Tiare B. Smiley and Robert C Montgomery, Special Deputy Attorneys General, for respondent-appellants State of North Carolina and North Carolina Department of Correction. Elliot Pishko Morgan, PA., by David Pishko, and Abrams Abrams, PA., by Margaret Abrams, for North Carolina Advocates for Justice, amicus curiae.
For the reasons stated in Jones v. Keller, ___ N.C. ___, ___, S.E.2d ___ 2010) (518PA09), we reverse the trial court's 14 December 2009 order allowing petitioner's petition for writ of habeas corpus.
REVERSED.
Justices BRADY and NEWBY concur in the result for the reasons stated in the concurring opinion in Jones v. Keller, ___ N.C. ___, ___, S.E.2d (2010) ___ (518PA09).
Justices TIMMONS-GOODSON and HUDSON dissent for the reasons stated in the dissenting opinion in Jones v. Keller, ___ N.C. ___, ___, S.E.2d ___ (2010)(518PA09).