State v. McPhaul ( 2018 )

IN THE SUPREME COURT OF NORTH CAROLINA
No. 421PA17
Filed 21 September 2018
STATE OF NORTH CAROLINA
v.
JUAN FORONTE McPHAUL
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision
of the Court of Appeals, ___ N.C. App. ___, 808 S.E.2d 294 (2017), finding no
prejudicial error in part and vacating in part judgments entered on 2 October 2015
by Judge James M. Webb in Superior Court, Hoke County. On 9 May 2018, the
Supreme Court allowed the State’s conditional petition for discretionary review as to
additional issues. Heard in the Supreme Court on 28 August 2018.
Joshua H. Stein, Attorney General, by William P. Hart, Jr., Assistant Attorney
General, for the State-appellant/appellee.
Glenn Gerding, Appellate Defender, by Amanda S. Zimmer, Assistant Appellate
Defender, for defendant-appellant/appellee.
Rayburn Cooper & Durham, P.A., by James B. Gatehouse; and Davis Polk &
Wardwell LLP, by Sharon Katz, pro hac vice, and Matthew R. Brock, pro hac
vice, for Professor Brandon L. Garrett and twenty-five other named scholars
representing the fields of law, forensic science, medicine, and statistics, amici
curiae.
PER CURIAM.
DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.