No. 20-7064

Justin Lee Perry v. North Carolina

Lower Court: North Carolina
Docketed: 2021-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-amendment due-process felony felony-charge fourteenth-amendment grand-jury indictment sixth-amendment trial-modification
Key Terms:
DueProcess
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Does the N.C. Supreme Court decision conflict with Plye# v. Doe, Ex-Parte Bain v. U.S., U.S. v. Gaudin and the fifth, sixth, and fourteenth amendment of the U.S. Constitution by allowing the State to indict the Petitioner for a felony charge, then change the nature of the offense charge during trial without resubmission to the grand jury, resulting in the Petitioner being convicted of a charge that is not the law of the land?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Since the N.C. Constitution guarantees indictment by a grand jury for felony charges, does the N.C. Supreme Court decision conflict with Plye# v. Doe, Ex-Parte Bain v. U.S., U.S. v. Gaudin and the fifth, sixth, and fourteenth amendment of the U.S. Constitution by allowing the State to indict the Petitioner for a felony charge, then change the nature of the offense charge during trial without resubmission to the grand jury, resulting in the Petitioner being convicted of a charge that is not the law of the land? PAGEI

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-26
Waiver of right of respondent North Carolina to respond filed.
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Justin L. Perry
Justin Lee Perry — Petitioner
Justin Lee Perry — Petitioner
North Carolina
Jonathan Porter BabbAttorney General's Office, Respondent
Jonathan Porter BabbAttorney General's Office, Respondent