# Jernigan v. State

> Court of Appeals of North Carolina · May 12, 1971 · 10 N.C. App. 562

URL: https://www.frixlaw.com/law-library/cases/9851912

## Case

- **Full name:** JUNIOR JERNIGAN, Petitioner v. STATE OF NORTH CAROLINA, Respondent
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 12, 1971
- **Citations:** 10 N.C. App. 562; 179 S.E.2d 788
- **Precedential status:** Published
- **Opinion:** Concurrence by Mallard
- **Judges:** Parker, Mallard, Graham
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851912

## Opinion text

Chief Judge Mallard
concurring.
I concur in the result. While I would agree that G.S. 148-62 is constitutional, in my opinion, petitioner has failed to present that question on the record before us. As far as the record discloses, no evidence was presented at the hearing before Judge Canaday on the petition for post-conviction review, no findings of fact were made, and the record does not clearly disclose on what basis Judge Canaday ruled that no relief could be granted. The ruling can be supported without passing on the constitutionality of G.S. 148-62, and I would dismiss the petition for certiorari as having been improvidently granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851912. Public record. Not legal advice.