# State v. Lyons

> Supreme Court of North Carolina · April 4, 1996 · 343 N.C. 1

URL: https://www.frixlaw.com/law-library/cases/9855293

## Case

- **Full name:** State of North Carolina v. Robbie James Lyons
- **Court:** Supreme Court of North Carolina
- **Decided:** April 4, 1996
- **Citations:** 343 N.C. 1; 468 S.E.2d 204; 1996 N.C. LEXIS 165
- **Precedential status:** Published
- **Opinion:** Concurrence by Whichard
- **Judges:** Lake, Whichard, Frye
- **Cited by:** 34 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/9855293

## How later opinions describe it (automated extraction)

- explaining prosecutors pass step two if their reason was based on “legitimate hunches and past experience”

## Opinion text

Justice Whichard
concurring.
On the issue presented by defendant’s sixth assignment of error, I joined in Justice Frye’s dissenting opinions in State v. McCarver, *29 341 N.C. 364 , 462 S.E.2d 25 (1995), cert. denied, - U.S. -, 134 L. Ed. 2d 482 (1996), and State v. McLaughlin, 341 N.C. 426 , 462 S.E.2d (1995), cert. denied, - U.S. -, 133 L. Ed. 2d 879 , (1996). I continue to believe those dissenting opinions were correct. A majority of this Court ruled to the contrary, however, and the United States Supreme Court has since denied certiorari in those cases. I thus now consider myself bound by the majority position and will no longer dissent or concur in the result in cases presenting the issue of unanimity as to Issues Three and Four.
Justice Frye joins in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9855293. Public record. Not legal advice.