STATE v. COURTNEY

No. 160PA18.

831 S.E.2d 260 (2019)

STATE of North Carolina v. James Harold COURTNEY, III.

Supreme Court of North Carolina.

Filed August 16, 2019.


Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Jess D. Mekeel , Special Deputy Attorney General, and Benjamin O. Zellinger , Assistant Attorney General, for the State-appellant.

Glenn Gerding , Appellate Defender, by Amanda S. Zimmer , Assistant Appellate Defender, for defendant-appellee.

Tin Fulton Walker & Owen, PLLC, Charlotte, by Matthew G. Pruden ; and Devereux & Banzhoff, PLLC, Asheville, by Andrew B. Banzhoff , for North Carolina Advocates for Justice, amicus curiae.


This case comes to us by way of the State's appeal from a unanimous decision of the Court of Appeals holding that defendant's right to be free from double jeopardy was violated when the State voluntarily dismissed defendant's charge after his first trial ended in a hung jury mistrial. Defendant was retried nearly six years later...

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