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Criminal Practice – Murder – Motive – Circumstantial Evidence – Estranged Husband – Appeals – Evenly Divided Court

State v. Pastuer (Lawyers Weekly No. 11-06-1029, 2 pp.) (Per Curiam) (Barbara Jackson, J., not participating) Appealed from Franklin County Superior Court. (Henry W. Hight Jr., J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Click here for the full-text opinion.

Holding: Where our Court of Appeals reversed defendant’s first-degree murder conviction, holding Even though the state proved defendant had a motive for killing his estranged wife, and even though the victim’s blood was found on one of defendant’s shoes, defendant and the victim had lived together until a few months before her murder, and the state failed to show that the victim’s blood could only have gotten on defendant’s shoe at the time of her murder, we let the Court of Appeals’ decision stand without precedential value.

Justice Jackson did not participate in the consideration or decision of this case. The remaining members of the court are equally divided on whether or affirm or reverse.


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