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Criminal Practice – MAR – Appellate Counsel – Disjunctive Jury Instructions – Plain Error Review (access required)

In defendant’s prior appeal, appellate counsel’s lack of professional diligence in uncovering the readily-available – and outcome determinative – legal principles enunciated in State v. Pakulski, 319 N.C. 562, 356 S.E.2d 319 (1987), and its progeny was so unreasonable as to constitute ineffective assistance of counsel. Reliance on the outcome in defendant’s first appeal is ...

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