Opinion
No. 149P14-2
06-15-2022
STATE of North Carolina v. Tiffany Leigh MARION
Lauren E. Miller, Attorney at Law, For Marion, Tiffany Leigh. Mary Carla Babb, Special Deputy Attorney General, For State of North Carolina. Ashley Hornsby Welch, District Attorney, For State of North Carolina.
Lauren E. Miller, Attorney at Law, For Marion, Tiffany Leigh.
Mary Carla Babb, Special Deputy Attorney General, For State of North Carolina.
Ashley Hornsby Welch, District Attorney, For State of North Carolina.
ORDER
Upon consideration of the petition filed on the 7th of February 2022 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 15th of June 2022."
Ervin, J., recused
Earls, J., dissenting.
In my view defendant's equal protection claim is cognizable and colorable. This is a novel and complex issue not previously addressed by this Court, and defendant is sentenced to life without parole. The allegations demonstrating racially disparate treatment raise the strong possibility that a serious miscarriage of justice has occurred in this case. Accordingly, I would allow the petition as to Issue 1.