Court of Appeals overturns Hudson’s murder charge dismissal

Feb. 19, 2013 @ 01:34 PM

The North Carolina Court of Appeals ruled Senior Resident Superior Court Judge Orlando Hudson erred when he dismissed a murder charge against Michael Dorman.

Hudson had dismissed the charges against Dorman after a hearing in which it was revealed the remains of a woman identified as Lakeia Boxley had been released to the victim’s sister, who had them cremated.

Dorman’s attorney objected, saying that the bones and skull should have been preserved because they were evidence in the case. After a lengthy hearing in which investigators, a medical examiner, Boxley’s sister and others testified, Hudson granted the defendant’s motion to dismiss the murder charge, finding the State and/or its agents had destroyed the evidence, which violated Dorman’s rights.

The State appealed the ruling and on Tuesday, the Court of Appeals released its opinion, saying that it was reversing Hudson’s dismissal.

The Court of Appeals also ruled that Hudson’s imposition of lesser discovery sanctions was in error and it vacated the portion of the order imposing those lesser sanctions.

It will be up to the trial judge presiding over Dorman’s trial to take appropriate action to ensure he receives a fair trial, the Court ruled.