All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
On order of the United States Supreme Court entered 30 June
2006 granting defendant's petition for a writ of certiorari to
review our decision reported in 359 N.C. 424, 611 S.E.2d 833
(2005), vacating said judgment and remanding the case to this
Court for further consideration in light of Davis v. Washington,
547 U.S. ___, 165 L. Ed. 2d 224 (2006). Heard on remand in the
Supreme Court 17 October 2006.
Roy Cooper, Attorney General, by Kevin L. Anderson, Assistant Attorney General, for the State.
Irving Joyner for defendant-appellant.
Robert P. Mosteller, Cooperating Attorney for the American Civil Liberties Union of North Carolina and the North Carolina Academy of Trial Lawyers, amici curiae.
Having reconsidered this case on remand from the Supreme
Court of the United States in light of Davis v. Washington, 547
U.S. ___, 165 L. Ed. 2d 224, the opinion of the Court of Appeals
reported at 164 N.C. App. 272, 596 S.E.2d 22 (2004) is vacated.
We further conclude that this matter is now moot due to
defendant's death and thus allow the State's motion to dismiss
VACATED AND DISMISSED AS MOOT.
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