{
  "id": 2488660,
  "name": "STATE OF NORTH CAROLINA v. LARRY RAY MITCHELL",
  "name_abbreviation": "State v. Mitchell",
  "decision_date": "1989-11-09",
  "docket_number": "No. 273A86",
  "first_page": "539",
  "last_page": "540",
  "citations": [
    {
      "type": "official",
      "cite": "325 N.C. 539"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "365 S.E.2d 554",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1988,
      "opinion_index": 0
    },
    {
      "cite": "321 N.C. 650",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2571592
      ],
      "year": 1988,
      "opinion_index": 0,
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        "/nc/321/0650-01"
      ]
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  "last_updated": "2023-07-14T16:51:09.974518+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. LARRY RAY MITCHELL"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nThe defendant was convicted of first-degree murder, armed robbery, aiding and abetting armed robbery and conspiracy and sentenced to death at the 17 March 1986 session of Superior Court, Surry County. This Court granted the defendant a new trial. State v. Mitchell, 321 N.C. 650, 365 S.E.2d 554 (1988). Thereafter, on 29 July 1988, counsel who had represented the defendant during his trial and on appeal, James L. Dellinger, Jr., Esq., and Terry L. Collins, Esq. filed a motion to withdraw as counsel for the defendant on the ground that the defendant\u2019s animosity toward them and refusal to cooperate with them would, in all probability, render them unable to provide him effective representation at a new trial. The trial court denied the motion of counsel to withdraw on the ground that there was no evidence to support any concern of ineffective assistance of counsel in light of the competent and effective representation counsel had rendered the defendant, including having obtained a new trial \u00f3n all charges pending against him. We allowed certiorari to review this order of the trial court.\nWe find no error in the trial court\u2019s findings and conclusions to the effect that Mr. Dellinger and Mr. Collins have rendered and would render competent and effective assistance to the defendant with regard to the charges against him. Given the gravity of the capital charge against the defendant and the representations of his counsel that he will no longer communicate effectively with them, however, this Court, in the exercise of the supervisory authority granted it by article IV, section 12 of the Constitution of North Carolina, elects to remand this case to the Superior Court, Surry County, with instructions to enter an order allowing counsel for the defendant to withdraw. The trial court is also instructed to appoint counsel and assistant counsel as provided by law in capital cases to represent the defendant at his new trial.\nRemanded with instructions.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Lacy H. Thornburg, Attorney General, by John H. Watters, Assistant Attorney General, for the State.",
      "James L. Dellinger, Jr. and Terry L. Collins for the defendant-petitioner."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. LARRY RAY MITCHELL\nNo. 273A86\n(Filed 9 November 1989)\nConstitutional Law \u00a7 46 (NCI3d)\u2014 capital case \u2014new trial \u2014 withdrawal of counsel \u2014 appointment of new counsel\nThere was no error in the trial court\u2019s findings and conclusions that the two attorneys who represented defendant at his original trial and on appeal have rendered and would render competent and effective assistance to defendant with regard to the charges against him. However, given the gravity of the capital charge against defendant and the representations of his counsel that he will no longer communicate effectively with them, the Supreme Court, in the exercise of the supervisory authority granted it by Art. IV, \u00a7 12 of the N. C. Constitution, elects to remand the case to the superior court for entry of an order allowing counsel for defendant to withdraw and for appointment of new counsel and assistant counsel to represent defendant at his retrial.\nAm Jur 2d, Criminal Law \u00a7\u00a7 967 et seq.\nOn certiorari to review an order entered by Wood, J., in Superior Court, SURRY County, on 15 June 1988. Heard in the Supreme Court 11 September 1989.\nLacy H. Thornburg, Attorney General, by John H. Watters, Assistant Attorney General, for the State.\nJames L. Dellinger, Jr. and Terry L. Collins for the defendant-petitioner."
  },
  "file_name": "0539-01",
  "first_page_order": 565,
  "last_page_order": 566
}