, 9 tweets, 4 min read Read on Twitter
In today's criminal justice news, the NC Court of Appeals has *withdrawn* its decision last week in NC v. Ellis – the opinion that held flipping off a cop could be reasonable suspicion to be pulled over

Link here:
The panel is retaining jurisdiction, so they'll try again I guess?

Any insights on this procedure-wise, @NC_CyberLaw?
Truthfully I have no idea, #appellatetwitter practitioners would be much better versed on that

So you have published opinions, which resolve a case + create binding precedent for future cases. Then you have unpublished opinions, which resolve a case but generally aren't precedent and shouldn't be cited

A withdrawn opinion is "we need another take"

No clue if the second version will be substantively better than the first, @mabehr – it may be the exact same outcome, just better-worded
Were I a gambling man, I'd imagine the rewrite would remove the bootstrapping language about how flipping the bird could be prosecutable conduct
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