-
Justice Mitchell concurring.
The result reached by the majority here is consistent with this Court’s decision in State v. Thomas, 325 N.C. 583, 386 S.E.2d 555 (1989). I dissented from the decision of the majority in Thomas, and I continue to believe that the reasoning of my dissent in that case was correct. Id. at 600-606, 386 S.E.2d at 564-68 (Mitchell, J., dissenting, joined by Webb, J.). However, the doctrine of stare decisis — which commands that courts abide by established binding precedent except in the most extraordinary circumstances — requires that I now accept Thomas as authoritative and concur in the decision of the majority in the present case.
Document Info
Docket Number: 14A92
Citation Numbers: 446 S.E.2d 8, 337 N.C. 224, 1994 N.C. LEXIS 414
Judges: Exum, Mitchell
Filed Date: 7/29/1994
Precedential Status: Precedential
Modified Date: 10/19/2024