Supreme Court of North Carolina

State v. Daw

August 23, 2024

Summary

The Court held that North Carolina's habeas statutes require summary denial when a person is detained pursuant to a final judgment of a competent civil or criminal court. It further held that the provision governing discharge after a later event does not create an exception because it applies at a later procedural stage and to a different class of detainees. Although the case was moot after Daw's release, the Court reached the merits under the public interest exception and modified and affirmed the Court of Appeals' decision.