Opinion
No. 406PA18
03-10-2021
STATE of North Carolina v. Cory Dion BENNETT
Franklin E. Wells, Jr., Attorney at Law, Asheboro, For Bennett, Cory Dion. Brent D. Kiziah, Assistant Attorney General, For State of North National. Donald H. Beskind, Attorney at Law, Raleigh, For Fred T. Korematsu Center for Law and Equality. David Weiss, Attorney at Law, For Coalition of State and National Criminal Justice and Civil Rights Advocates. James E. Coleman, Jr., Attorney at Law, For Coalition of State and National Criminal Justice and Civil Rights Advocates. Elizabeth Hambourger, Attorney at Law, Durham, For Coalition of State and National Criminal Justice and Civil Rights Advocates. Kristin Jo Uicker, Assistant Attorney General, For State of North Carolina. Robert S. Chang, Attorney at Law, Pro Hac Vice, For Fred T. Korematsu Center for Law and Equality. Taki V. Flevaris, Attorney at Law, Pro Hac Vice, For Fred T. Korematsu Center for Law and Equality. G. Glenn Gerding, Attorney at Law, For Bennett, Cory Dion. Sterling P. Rozear, Attorney at Law, For Bennett, Cory Dion. Lisa Miles, Attorney at Law, For Bennett, Cory Dion. Ernie Lee, District Attorney, For State of North Carolina.
Franklin E. Wells, Jr., Attorney at Law, Asheboro, For Bennett, Cory Dion.
Brent D. Kiziah, Assistant Attorney General, For State of North National.
Donald H. Beskind, Attorney at Law, Raleigh, For Fred T. Korematsu Center for Law and Equality.
David Weiss, Attorney at Law, For Coalition of State and National Criminal Justice and Civil Rights Advocates.
James E. Coleman, Jr., Attorney at Law, For Coalition of State and National Criminal Justice and Civil Rights Advocates.
Elizabeth Hambourger, Attorney at Law, Durham, For Coalition of State and National Criminal Justice and Civil Rights Advocates.
Kristin Jo Uicker, Assistant Attorney General, For State of North Carolina.
Robert S. Chang, Attorney at Law, Pro Hac Vice, For Fred T. Korematsu Center for Law and Equality.
Taki V. Flevaris, Attorney at Law, Pro Hac Vice, For Fred T. Korematsu Center for Law and Equality.
G. Glenn Gerding, Attorney at Law, For Bennett, Cory Dion.
Sterling P. Rozear, Attorney at Law, For Bennett, Cory Dion.
Lisa Miles, Attorney at Law, For Bennett, Cory Dion.
Ernie Lee, District Attorney, For State of North Carolina.
ORDER
The Court, on its own motion, acknowledges receipt of the order entered by Judge John E. Nobles, Jr., in Superior Court, Sampson County, on 9 February 2021 in accordance with the opinion filed in this case on 5 June 2020. According to that opinion, in the event that the trial court determined "on remand that defendant has failed to make the necessary showing of purposeful discrimination, the trial court shall make appropriate findings of fact and conclusions of law to be certified to this Court for any further proceedings that this Court determines to be appropriate." State v. Bennett, 374 N.C. 579, 603, 843 S.E.2d 222 (2020). In light of the filing of the trial court's findings and conclusions on remand, the parties are hereby ordered to submit within ten days from the entry of this order any filings setting out their positions concerning additional procedures, if any, that the Court should follow in this case.
By order of the Court in conference, this the 10th day of March 2021.
Berger, J., recused.