SUPREME COURT OF NORTH CAROLINA

PETITIONS

Decided by the Court in Conference: 5 October 2000

{Posted on the Internet Web Site: 6 October 2000 at 10:45 a.m.}

COMMON ABBREVIATIONS
Abbreviation Full Term
PWC Petition for Writ of Certiorari
MAR Motion for Appropriate Relief
COA North Carolina Court of Appeals
MTS Motion for Temporary Stay
Def Defendant
NOA Notice of Appeal
Plt Plaintiff
PDR Petition for Discretionary Review
Cert Certiorari
AG Attorney General

56P00 - 2* James H. Pou Bailey, et al. v. State 1. Plts' PDR

2. Plts' Motion to Expedite Briefing Schedule & Oral Argument Date











3. Plts' Motion to Expedite Consideration of Motion to Dismiss Appeal



4. Plt's Motion to Dismiss Appeal of AG

5. Applicant's Motion for Leave to File Brief as Amicus Curiae

6. Applicant's Motion for Leave to participate in oral argument

7. AG's PWC to review order of Super. Ct.

8. AG's Motion Under Rule 2 of Rules of Appellate Procedure

9. Applicant's Motion for Leave to be allowed to amend its motion for leave to file amicus curiae brief

1. Allowed

08/28/00

2. Deferred pending determination of motion to dismiss appeal

08/28/00

Allowed

09/14/00

3. Allowed-D. of Justice brief due no later than 09/07/00

08/28/00

4. Held to go with case

09/14/00

5. Allowed

09/14/00

6. Denied

09/14/00

7. Held to go with case

09/14/00

8. Held to go with case

09/14/00

9. Allowed

09/14/00

70A86 -7 State v. Allen (1) Def's PWC

(2) Def's Motion to Defer Consideration of PWC

(1) Deny

(2) Deny

85P00 Terry Mosteller v. Alex Lee, Inc. d/b/a Merchants Distributors, Employer Def's PDR



126P97 -2 State v. Baldwin 1. AG's PDR

2. Def's Conditional PDR as to Additional Issues

1. Allow

2. Deny

137P00 State v. Junior (1) Def's Pro Se Motion for a New Trial

(2) Def's Pro Se Motion for Relief

(1) Dismiss

(2) Dismiss

164A00 State v. Fowler (1) Def's Motion for Ext. of Time to File Brief

(2) AG's Motion to Dismiss Capital Appeal

(3) AG's Motion for Sanctions

(1) Allowed

8/24/00

(2) Denied

8/24/00

(3) Deny

179A93 -4 State v. Burr Def's PWC Deny
181P00 State v. Lancaster (1) Def's PDR

(2) Def's MAR

(1) Deny Issues 1-6; allow Issue 7 for ltd. purpose of remand to COA

(2) Dismiss

186P00 Karen Robblee, Anthony Jones, F. Michael Brown, Elaine Brown, Carmen Elizabeth Davis, John Davis, III, Juliette Perry Shipley & Joan Shepherd v. Budd Services, Inc.; Sumitomo Electric Lightwave Corp. & Litespec, Inc. Plt's (Juliette Perry Shipley) PDR

















Denied

08/31/00

195A00 State v. Diehl (1) AG's MTS

(2) AG's Pet. for Writ of Supersedeas

(3) AG's NOA

(4) AG's PDR as to Add'l Issues

(1) Allow

(2) Allow

(3) ---

(4) Allow

249P00 State v. Branch (1) Def's NOA

(2) Def's PDR

(3) AG's Motion to Dismiss Appeal

(4) AG's Motion to have Response Deemed Timely Filed

(1) ---

(2) Deny

(3) Allow

(4) Allow

262P00 Kemp v. Kemp (1) Plt's PWC

(2) Plt's Pet. to Review Decision of COA

(1) Deny

(2) Deny

278PA00 State v. Lucas Def's MAR Go with case and both parties allowed to brief. Each side allowed 20 days to file supplemental brief on issues raised in the MAR
279A00 State v. Tamanchies Lakewondo Krider 1. Def's NOA

2. Def's Motion for Appropriate Relief

3. AG's Motion to Dismiss Motion for Appropriate Relief

4. AG's Motion to Dismiss Appeal Based Upon a Constitutional Question

1.

2.

3.

4.

281P00* Stephan D. Brooks v. State Plt's Pro Se Pet. for Writ of Habeas Corpus Denied

08/30/00

281P00 - 2 Stephan D. Brooks v. Supt. Charles E. Hill & State 1. Plt's Pro Se Pet. for Writ of Habeas Corpus

2. Plt's Pro Se Motion to Proceed in Forma Pauperis

1. Denied

08/30/00

2. Allowed

08/30/00

285A00 State v. Guarino (1) Def's NOA

(2) AG's Motion to Dismiss Appeal

(1) ---

(2) Allow

287P00 -2 Lattimore et ux v. United Companies Lending Plts' Pro Se PWC Dismiss
288A00 State v. McAllister (1) Def's NOA Based on Const. Ques.

(2) AG's Motion to Dismiss Appeal

(1) ---

(2) Allow

303P00 Herring et al v. Winston-Salem Bd. of Education & Ronald Liner (1) Pts' PDR

(2) Kierra Harrison Fdn. for Child Care Safety's Motion for Leave to File Amicus Brief

(1) Deny

(2) Dismiss as moot

305P00 Center v. NC Dept. of Health & Human Services, Div. of Facility Services (1) Respondent's MTS

(2) Respondent's Pet. for Writ of Supersedeas

(3) Respondent's PDR

(4) Mission-St. Joseph's Health System Motion for Leave to File as Amicus Curiae

(5) NC Hospital's Assoc's Motion for Leave to File Amicus Curiae Brief

(6) NC Assoc. of County Commissioners' Motion for Leave to Appear as Amicus Curiae

(1) Denied 7/14/00

(2)Denied 7/14/00

(3) Allow

(4) Allow

(5) Allow

(6) Allow

305P97 -3 State v. Francis Def's Pro Se Pet. for Writ of Mandamus Denied
308P00 State v. Lathan Def's PDR Deny
313P00 State v. Channita (1) Def's Pro Se Pet. for Writ of Mandamus

(2) Def's Pro Se Motion to Proceed in Forma Pauperis

(1) Deny

(2) Allow

314P00 Elwood v. Heilig-Meyers Furniture Co. Plt's PDR Allow
315P00 In the Matter of:

Douglas Voight

(1) Petitioner's PDR

(2) Petitioner's PWC

(3) Petitioner's Pet. for Remedial Writ

(1) Deny

(2) Deny

(3) Deny

317P00 State v. Ganey (1) Def's Pro Se Motion for Leave to File Add'l Authority

(2) Def's Pro Se Pet. for Rehearing

(3) Def's Pro Se Motion to amend or Strike Order of 24 Aug 00 "Dismissing" the Pet. for Writ of Certiorari"

(4) Def's Pro Se Motion to Amend Pet. for Rehearing

(1) Dismiss

(2) Dismiss

(3) Dismiss





(4) Dismiss

321P00 State v. Smith (1) AG's MTS

(2) AG's Pet. for Writ of Supersedeas

(3) AG's PDR

(1) Allowed 7/25/00

(2) Allow

(3) Allow

325P00 State v. Isom Def's PWC Deny
330P00 In re: Biddix and Wal-Mart, Inc Def's PDR Deny
336P00 State v. Coplen Def's PWC Deny
338P00 Langdon v. DOT (1) Plt's Pro Se NOA

(2) Plt's Pro Se PWC

(3) Plt's Pro Se Motion to Invoke Rule 2

(4) Def's Motion to Dismiss Appeal

(5) Plt's Pro Se Motion to Invoke Rule 2

(1) ---

(2) Deny

(3) Deny

(4) Allow

(5) Deny

340P00 Hamlet HMA d/b/a Hamlet Hospital v. Richmond County et al. 1. Plt's NOA based on constitutional question

2. Plt's PDR

3. Plt's PWC to review decision of COA

4. Def's (Richmond) motion to dismiss appeal

5. Def's (Firsthealth) motion to dismiss appeal

6. Defs's (Richmond) PDR of Additional Issues

7. Def's (Firsthealth) PDR of Additional Issues

1. ---

2. Dismiss

3. Deny

4. Allow

5. Allow

6. Dismiss

7. Dismiss

341P00 Purser v. Heatherline Properties & the PMA Group Defs' Joint PDR Deny
342P00 State v. Larry d. White Def's Pro Se PWC to review order of COA Dismiss
344P98 -2 Condellone v. Condellone and Market Master Sales Plt's PDR Deny
346P00 State v. Melvin C. Smith Def's Pro Se PWC to Revie Order of COA Dismiss
348P00 James W. Little & wife v. Barson Financial Services Corp., Rodney Hairston, Baldwin-Sha Kur & Assocs., Clarke Baldwin, Kimberly Akbar, Farid Sha Kur, Calvin Brice & wife, Faye Y. Brice 1. Plts' PDR

2. Defs' Brice PDR as to Additional Issues

1. Deny

2. Dismiss as moot

350P00* State v. Eddie Hatcher Def's Pro Se Motion to Recuse Emergency Judge Jerry Cash Martin Denied

08/28/00

352P00 State v. Perry Dale Ford Def's Pro Se PWC to review order of COA Dismiss
353P00 State v. White Def's PDR Deny
356P00 State v. Robert Stevenson Doisey Def's PDR Deny
357P00 State v. J. T. Taylor, Zachary Taylor, et al.

In the Matter of Estate of John T. Taylor, Jr.

Def's (Zachary Taylor) PDR Deny
360P00 State v. Covington Def's PWC Deny
363P00 In the Matter of: The Appeal of Leon & Mary Corbett Respondent's PDR Allow
364P00 State v. Rouse (1) Def's Pro Se Motion to Proceed in Forma Pauperis

(2) Def's Pro Se PWC

(1) Allow

(2) Deny

366A00 George C. Yancey, Admin. for Estate of Lucy W. Yancey v. Artie Sylvester Lea and Huss, INc. 1. Plt's NOA based upon dissent

2. Plt's PDR as to Additional Issues

1. ---

2. Deny

368P00 Ennis v. Fish Plts' PWC Deny
369P00 State v. Ross Def's PDR Deny
370A00 Levasseur v. Lowery, def; Beam Elec. Co., intervenor; Key Risk Mgt. Services, intervenor Intervenors' PDR as to Additional Issues Deny
374P00 Caldwell v. NC DOC Plt's Pro Se PWC Deny
376P00 Blue v. Canela, Pendergrass & Camper Products Defs' & Unnamed Intervenor's PDR Deny
377P00 State v. Hollars Def's Pro Se PWC Deny
378P00 State v. Allison Def's Pro Se PWC Deny
379P00 Stockton v. NC Farm Bureau Def's PDR Deny
380P00 State v. McMillian Def's PDR Deny
382P00 Massey et al v. Albemarle Land Co. and City of Charlotte Def's (Albemarle) PDR Prior to Determination Deny
383P00 NC Farm Bureau Mutual Ins. Co. v. Sherry Gurley, Jimmy Gurley, Guardian Ad Litem for Kathryn Lynn Gurley & Wendy Woolard & through her Guardian Ad Litem, Gregory James Defs' PDR Deny
387P00* State v. Catalina Alonzo Def's Pet. for Writ of Habeas Corpus See Special Order

08/29/00

Dismissed as Moot

09/22/00

389P00 State v. Brown (1) Def's NOA

(2) Def's PDR

(3) AG's Motion to Dismiss Appeal

(1) ---

(2) Deny

(3) Allow

390P00 State v. Dalton Def's PWC Deny
392P00 Reece v. Forga Plt's PDR Deny
395P00 Triangle Park Chiropractic v. Fred Battaglia, Jr. Def's PDR Deny
395A91 -6 State v. Jones Def's Pet. for Writ of Habeas Corpus Deny
396P00 State v. Jordan Def's PWC Deny
399P00 State v. Green Def's PDR Deny
405P00 Register v. Hydro Conduit Corp. Plt's PDR
411P00 State v. Safrit Def's PDR Deny
412P00 Morris v. Carter et al Plts' PDR Deny
415P00 Hunter v. Perquimans Co. Bd. of Education Plt's PWC Deny
416P00* Calvin O'Neil Allen v. Tim O'Dell, Facility Administrator Ronald Moore, Mike Downing Plt's Pro Se Pet. for Writ of Habeas Corpus Denied

09/13/00

417P00 State v. Moore (1) Def's Pro Se PWC

(2) Def's Pro Se Motion to Withdraw w/o Prejudice PWC

(1) ---

(2) Allow

ORR, J. RECUSED

418P00 State v. Faircloth (1) Def's Pro Se PWC

(2) Def's Pro Se Motion to Proceed in Forma Pauperis

(1) Deny

(2) Allow

425P00 Debrew v. NC Plt's Pro Se PWC Dismiss
427P00 State v. Antoine Depray Jackson (1) AG's Motion for Temp. Stay

(2) AG's Pet. for Writ of Supersedeas

(3) AG's PDR

(4) Def's Conditional PDR as to

Add'l Issues (supplemental memo)

(1) Allowed

09/07/00

(2) Allow

(3) Allow

(4) Deny

429P00 People of NC, ex rel in the matter of Elizabeth Marie., Rushing-Floyd v. Robert Potter 1. Plt's Pro Se Pet. for Writ of Habeas Corpus

2. Plt's Pro Se Motion for Immediate Emergency Hearing for Pet. for Writ of Habeas Corpus

1. Denied

09/21/00

2. Denied

09/21/00

430P00 Reform Party of NC v. NC State Board of Elections and Patrick J. Buchanan Plt's PDR PRIOR TO DETERMINATION by COA Deny
460A91 -3 State v. Holden Def's PWC Deny
462P00 Short v. Pendergraph (1) Plt's Pro Se Pet. for Writ of Habeas Corpus

(2) Plt's Pro Se Motion to Dismiss Indictments and for Submission to a New Grand Jury

(3) Plt's Pro Se Motion to Proceed in Forma Pauperis

(1) Deny

(2) Dismiss



(3) Allow

464P00* NC State Bar v. Douglas S. Harris (1) Plt's MTS

(2) Plt's Pet. for Writ of Supersedeas

(3) Plt's PDR

(1) Allowed

10/5/00

(2)

(3)

495P99 -2 Dalton v David Camp et al (1) Defs' PDR



(2) NC Citizens for Business & Industry's Motion for Leave to Appear as Amicus Curiae and File Amicus Curiae Brief

(1) Deny Issue 1; Allow Issues 2 & 3

(2) Allow



FREEMAN RECUSED

510A99 State v. Cummings Def's Motion to Amend Record on Appeal Allow
588P99-2 State v. McClain Def's Pro Se Pet. for Censure Plus Sanction Dismiss

End of Document