State v. Jones

From N.C. Court of Appeals, 22-518; From Columbus, 19CRS478, Thirteenth District

Anne M. Gomez, Assistant Appellate Defender

Lauren M. Clemmons, Special Deputy Attorney General

Glenn Gerding, Appellate Defender

ORDER

Counsel for defendant informed the Court that defendant passed away on 9 September 2023 and moved to abate the action, dismiss the appeal, and vacate the trial court’s judgment. In response, the State consented to abating the action and dismissing the appeal but argued that there was no need to vacate the, trial court’s judgment because "[t]he Court of Appeals’ opinion effectively vacated the judgment …" Counsel for defendant then filed a conditional motion asking that if this Court did not vacate the trial court’s judgment that it dissolve the temporary stay and writ of supersedeas.

In response, the Court takes the following actions: the action is abated and the appeal is dismissed. The Court of Appeals’ opinion and the trial court’s judgment in this matter are both vacated. Defendant’s conditional motion to dissolve the temporary stay and writ of supersedeas is dismissed as moot.