Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 156 N.C. App. 119, 575 S.E.2d 818 (2003), finding no prejudicial error in a judgment entered 11 September 2001 by Judge Richard L. Doughton in Superior Court, Forsyth County. Heard in the Supreme Court 16 February 2004.

Roy Cooper, Attorney General, by Marc Bernstein, Assistant Attorney General, for the State. Marjorie S. Canaday, for defendant-appellant. Seth H. Jaffe, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

Summaries of

State v. Phelps

Supreme Court of North Carolina

Mar 1, 2004

358 N.C. 142 (N.C. 2004)

In Phelps, a police officer arrested the defendant on outstanding warrants and took him to the county jail. Id. at 121, 575 S.E.2d at 820.

Summary of this case from State v. Chiaromonte

In Phelps, for example, Judge Hunter found that the erroneous admission of the defendant's statement "was highly inflammatory on the issue of whether [the] defendant knowingly possessed the cocaine," because the defendant's statement was the State's only evidence as to the mens rea element of the crime.

Summary of this case from State v. Chiaromonte

Case details for

State v. Phelps

Case Details

Full title:STATE OF NORTH CAROLINA v. DWIGHT RAYMOND PHELPS

Court:Supreme Court of North Carolina

Date published: Mar 1, 2004

Citations

358 N.C. 142 (N.C. 2004)

592 S.E.2d 687

Citing Cases

State v. Pigford

And since it was neither raised nor considered at defendant's motion hearing, we express no opinion on its…

State v. Crook

In State v. Phelps, this Court concluded that the trial court erred in admitting the defendant's statement…

6 Citing Cases

State v. Phelps

Summary

Opinion

State v. Phelps

State v. Phelps

Case Details

CitationsCopy Citations

Citing Cases

Citations