Opinion
No. 104PA04
Filed 3 December 2004
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 162 N.C. App. 665, 592 S.E.2d 259 (2004), reversing a judgment entered by Judge Charles H. Henry in Superior Court, Onslow County and remanding for a new trial. Heard in the Supreme Court 10 November 2004.
Roy Cooper, Attorney General, by John G. Barnwell, Assistant Attorney General, for the State-appellant. George E. Kelly, III for defendant-appellee. Moore Van Allen PLLC, by James C. White, for American Civil Liberties Union of North Carolina Legal Foundation, Inc.
Justice Newby took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Crawford v. Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d 781 (2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781 (2002).
AFFIRMED.