SUPREME COURT OF NORTH CAROLINA

PETITIONS

Decided by the Court in Conference: 5 April 2001

{Posted on the Internet Web Site: 6 April 2001 at 1:25 p.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


002P01   State v. Joseph Marion Head, Jr.   1. Def's Pro Se Motion to Dismiss for Conviction was Obtained in Violation of the Protection Against Double Jeopardy and for Civil Relief (received 1/31/01)
2.
Def's Pro Se Motion for Dismissal or New Trial for Defendant was Deprived of his Liberty Without Due Process and Equal Protection of Law and Constitution (received 2/6/01)
3.
Def's Pro Se Motion for Appointment of Counsel to File Writ of Certiorari to the U.S. Supreme Court (received 2/20/01)
4.
Def's Pro Se Motion for a New Trial for Failure to Advise and Afford Court Appointed Counsel of Choice for Defense and Trial and for Civil Relief of One Zillion Dollars Tax Free (received 2/20/01)
5.
Def's Motion for a New Trial for Denial of Motion for a Continuance for Purpose of Time to Obtain Counsel, Time to Prepare for Trial (received 2/20/01)
6.
Def's Pro Se Motion for a New Trial For Failure to Order Continuance and for Civil Relief of One Zillion Dollars Tax Free (received 2/20/01)
7.
Def's Pro Se Motion to Dismiss for Denial of a Speedy Trial .... (received 2/26/01)
8.
Def's Pro Se Motion for a New Trial for a Zillion Zillion Dollars Tax Free Civil Relief (received 2/26/01)
9. Def's Pro Se Motion for New Trial Right to Counsel Violated Right to Self Representation Violated (received 2/28/01)
10.
Def's Pro Se Motion for a New Trial (received 3/16/01)
11. Def's Pro Se Motion for a Copy of this Court's Opinion entered in 137P00 and 2P01 (received 3/22/01)
12.
Def's Pro Se Motion for Appointment of Counsel Criminal Justice Act of 1964, ... (received 3/22/01
 
1. Denied

2. Denied

3. Denied

4. Denied

5. Denied

6. Denied

7. Denied

8. Denied

9. Denied

10. Denied

11. Denied

12. Denied
 

009A94-3   State v. Randy Lynn Atkins   1. Def's Motion for Stay of Proceedings Below

2. Def's PWC  

1. Denied 03/27/01

2. Denied 03/27/01
 

012P01-2   State v. Carlie W. McCormick   Def's Pro Se PWC to Review Orders of Superior Court
 
Dismissed  
013P01   State v. James Edward Kirby   1. Def's Pro Se PWC to Review Order of Superior Court

2. Def's Pro Se PWC to Review Order of COA

3. Def's Pro Se Motion to Proceed In Forma Pauperis
 

1. Dismissed

2. Dismissed

3. Allowed  

016P01   Rosalyn Glenn- Robinson v. Robert Charles Acker; City of Durham, North Carolina
 
1. Def's (Acker) NOA Based Upon a Constitutional Question

2. Def's (Acker) PDR Under G.S. § 71-31

3. Plt's Motion to Dismiss Appeal

 

1. ---

2. Denied

3. Allowed  

020P01   Blue Sky Associates, a North Carolina Corporation v. Bank of Essex, a Virginia State Banking Corporation   1. Def's NOA Based Upon a Constitutional Question

2. Def's PDR Under G.S. § 7A-31
 

1. Dismissed

2. Denied

 

023P01   State v. John Kermit Allen, Jr.   1. Def's NOA Based Upon a Constitutional Question

2. Def's PDR Under G.S. § 7A-31

3. AG's Motion to Dismiss Appeal
 

1. ---

2. Denied

3. Allowed
 

035P01   Stan Bratton v. Kevin Oliver, John W. Harper and South Carolina Insurance Company, d/b/a The Seibels Bruce Insurance Companies
 
Plt's PDR Under G.S. § 7A-31   Denied

Edmunds, J. Recused
 

037P01   State v. Theodore Mead Kimble   1. Def's PDR Pursuant to G.S. § 7A- 31(e)(2) and (3)

2. AG's Motion to Have Response Deemed Timely Filed

 

1. Denied

2. Allowed  

043P01   State v. Douglas Allen Moffitt
 
Def's Pro Se PWC   Dismissed  
046P01   State v. Helen Davene Medley   1. Def's NOA Based Upon Constitutional Question

2. Def's PDR

3. AG's Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed

Edmunds, J. Recused
 

047P01   State v. Carl Vincent Choppy, Jr.   1. Def's NOA Based Upon a Constitutional Question

2. Def's PDR

3. AG's Motion to Dismiss

 

1. ---

2. Denied

3. Allowed  

049P01   State v. James Albert Hopkins   1. Def's NOA to a Constitutional Question N.C.G.S. § 7A-30

2. Def's Motion for Extension of Time to File PDR
 

1. Dismiss ex mero motu

2. Denied  

054P01   Daisy Felder Bridges v. Crystal Lynn Bridges, et al.   Def's (Bruce Bridges) PDR

 

Denied

Edmunds, J. Recused
 

055P01   Jose A. Isasi v. F.D.Y., Incorporated
 
Def's PDR   Denied

Edmunds, J. Recused
 

060P01-2   State v. Curtis Devon Mitchell   1. Def's Pro Se Motion to Delay Judgment

2. Def's Pro Se PWC to Review Order of COA  

1. Denied

2. Dismissed

 

062A01   Ralph William Pfouts v. Felicia Livia Pfouts   Def's Pro Se NOA Based Upon a Constitutional Question

 

Dismiss ex mero motu  
064A93-3*   State v. Patrick Lane Moody   Def's Petition for Writ of Habeas Corpus

 

Denied 03/06/01
 
072P01   The Disciplinary Hearing Commission, of the North Carolina State Bar v. Reginald Frazier   Def's PDR


 

Allowed
03/02/01

Edmunds, J. Recused
 

073A01   Wayne Austin, Employee v. Continental General Tire (Self-Insured) Employer   1. Def's NOA Based Upon a Dissent

2. Def's NOA Based Upon a Constitutional Question

3. Def's PDR as to Additional Issues

4. Plf's Motion to Dismiss Appeal

 

1. ---

2. ---

3. Denied

4. Allowed

Edmunds, J. Recused
 

078P01   Coca-Cola Bottling Co. Consolidated and Reidsville Transaction Corporation, Inc. v. Durham Coca-Cola Bottling Co.

Durham Coca-Cola Bottling Co. v. Coca-Cola Bottling Co. Consolidated, Reidsville Transaction Corporation, Inc. et al.
 

Plt/Def's (Coca-Cola Bottling Co. Consolidated and Reidsville Transaction Corporation, Inc.) PDR Under G.S. § 7A-31



 

Denied
03/02/01  
082P01   William V. Keech v. William G. (Willie) Hendricks   1. Def's PDR

2. Plt's Conditional PDR

3. Joint Motion to Withdraw PDR  

1. --

2. --

3. Allowed 03/21/01
 

088P01   Erie Insurance Company v. Sondra Adams Bledsoe   Plt's PDR Under G.S. § 7A-31


 

Denied 03/22/01  
089P01   Gerald E. Kelley v. City of Durham   Plt's PDR

 

Denied  
097P01   Jettie Ruth Stevens v. Jacinto Herrara Guzman   Plt's PDR Under G.S. § 7A-31


 

Allowed
03/06/01


Edmunds, J. Recused

 

098P01   Alfred T. Potter, Jr., d/b/a Green's Grocery v. City of Hamlet
 
Plt's PDR   Denied  
101P01   Jimmy R. Webb v. Power Circuit, Inc., d/b/a Hoke Electric and State Auto Insurance Companies
 
Defs' PWC (filed as PDR) to Review Decision of COA   Denied  
106P01   State v. William Dale Strickland
 
Def's PDR   Denied  
112A01   Mary Evelyn James v. Wal-Mart Stores, Inc.   1. Def's NOA Based Upon a Dissent

2. Def's PDR As to Additional Issues  

1. ---

2. Denied

Edmunds, J. Recused
 

114P01   State v. Delmus Ray Thompson
 
Def's PDR Under G.S. § 7A-31   Denied  
121P01   In re: Enjoli Danelle Brown   Guardian Ad Litem's PWC to Review Decision of COA

 

Denied  
124P01   State v. Clarence Lee Walker   Def's Pro Se PWC to Review Order of Superior Court

 

Dismissed  
125P01   Gerald Walter Jones v. William Anderson   Plt's Pro Se PWC to Review Order of COA
 
Denied  
127P01   Henry Adkins v. N.C. Prisoner Legal Services, Inc. & Linda B. Weisel, Staff Attorney
 
Plt's Pro Se Petition for Writ of Mandamus

 

Denied  
129P01   Mitch Iram Pharr, Jr. v. Judy Milstead Pharr
 
Def's PWC To Review Order of COA   Denied  
131P01*   State v. Anthony Dove   Def's Pro Se Petition for Writ of Mandamus   Denied 03/12/01
 
132P01   State v. Charles R. McFadden   1. Def's Pro Se NOA Based Upon a Constitutional Question

2. Def's Pro Se PWC to Review Decision of COA
 

1. Dismissed ex mero motu

2. Denied

 

133P01   Anne A. Reece v. The Estate of Edward Filmore Swann, Jr., deceased; Todd A. Cline, in his capacities as Executor and Trustee of the Estate of Edward Filmore Swann, Jr., deceased, and New England Mutual Life Insurance Company
 
Plt's PWC to Review the Decision of the N.C. Court of Appeals   Denied  
134P01   State v. James Victor Sheffield   1. Def's Motion for Temporary Stay Pending Consideration of PDR and NOA and Any Subsequent Review of COA Opinion Pursuant to N.C. R. App. 23(B)

2. Def's Petition for Writ of Supersedeas Pending Consideration of PDR and NOA and Any Subsequent Review of COA Opinion Pursuant to N.C. R. App. 23(B)

3. Def's Motion for Temporary Stay

4. Def's Petition for Writ of Supersedeas

5. Defendant's NOA Based Upon a Constitutional Question

6. Def's PDR Under G.S. § 7A-31

7. AG's Motion to Dismiss
 

1. Denied
03/09/01

2. Denied

3. Denied

4. Denied

5. ---

6. Denied

7. Allowed

 

137P01   William Lee Rasor v. R. David Mitchell, Superintendent of Mountain View Correctional Center   1. Plt's Pro Se PWC to Review Order of COA

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

 

1. Denied

2. Allowed  

138P01   State v. Rapheal Dwayne McEachern   1. Def's NOA Based Upon a Constitutional Question

2. Def's PDR Under G.S. § 7A-31

3. AG's Motion to Dismiss Appeal

4. AG's Conditional PDR as to Additional Issues
 

1. ---

2. Denied

3. Allowed

4. Dismiss as moot  

139A01   In re: Inquiry Concerning a Judge, No. 240, Gregory R. Hayes, Respondent   1. Respondent's (Hayes) NOA From the Apparent Ruling of the Executive Secretary that Commission Lacks Jurisdiction to Consider Post Hearing Motions

2. Respondent's (Hayes) Motion to be Allowed to Examine Entirety of Record and Proceedings

 

1. Dismissed ex mero motu 03/19/01

2. See Special Order 03/30/01  

141P01   State v. Victor Orlandus Moultry   Def's PDR

 

Denied  
147P01   Ben Johnson Homes, Inc., C. Benjamin Johnson, Jr. v. Bruce Berryhill et ux   1. Plts' NOA

2. Plts' PDR

3. Defs' Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed

Martin, J. Recused
 

153P01   State v. Samuel B. Davis   Def's PDR Under G.S. § 7A-31

 

Denied  
155P01   In the Matter of: Appeal of General Electric Co. from the decision of the New Hanover County Board of Equalization and Review concerning the valuation of real property for tax year 1996
 
PDR under G.S. § 7A-31   Denied  
157P01   Terry Evans v. US Automobile Assoc. & USAA Casualty Ins. Co.   1. Defs' PWC to Review Decision of COA

2. Plt's Conditional PDR as to Additional Issues
 

1. Denied

2. Dismiss as moot  

159P01*   State v. William Lamonte Quick
 
Def's Pro Se Petition for Writ of Habeas Corpus   Denied 03/16/01  
160P01   State v. Wiley Clark   Def's Pro Se PWC to Review Order of Superior Court
 
Dismissed  
162P01   State v. Javier Escobedo Avila   Def's Pro Se PWC to Review Decision of N.C. Court of Appeals

 

Denied
03/26/01  
163P01   State v. Terry Arnell Morton   Def's Pro Se PWC to Review Order of Superior Court

 

Dismissed  
164P01   State v. David F. Dameron, Sr.   Def's Pro Se PWC (Filed as a PDR) to Review Order of COA
 
Dismissed  
165P01*   William Robert Randell v. District Court of Forsyth County (Honorable Roland B. Hayes, Judge)   1. Petitioner's (Randell) Emergency Application for Petition for Writ of Prohibition

2. Petitioner's (Randell) Emergency Application for Petition for Writ of Mandamus
 

1. Denied
03/20/01

2. Denied
03/20/01  

166P01   State v. Michael E. Scurlock   Def's Pro Se PWC to Review Decision of N.C. Court of Appeals
 
Denied  
167P01*   State v. Shawn Singletary   1. Def's Pro Se Notice of Mis-Prison and Felony Malice at Law Racial Discrimination (Petition for Writ of Habeas Corpus)

2. Def's Pro Se Motion to dismiss with Prejudice Case Nos. 00CRS23479; 00CRS58146; 00CRS53461 and 00CRS23478

3. Def's Pro Se Motion for Return of Property
 

1. Denied
03/20/01

2. Denied 03/20/01

3. Denied 03/20/01
 

168P01   State v. Robert E. Spencer   Def's Pro Se Motion for Appointment of Counsel
 
Denied  
169P01   State v. Pedro Garcia Quintero   Def's Pro Se PWC to Review Order of N.C. Court of Appeals
 
Denied  
172P01   State v. Charlie S. Blackwell, Jr.   Def's Pro Se Motion for Appropriate Relief

 

Denied  
176P01   State v. Keith Dedric Wiley   1. Def's PWC to Review Order of District Court

2. Def's Motion to Bypass COA

 

1. Denied

2. Denied  

178A95-3   State v. Samuel Russell Flippen   1. Def's PWC to Review Order of the Superior Court

2. Def's Motion for Extension of Time to File PWC

3. Def's Motion to Deem PWC Timely Filed  

1. Denied

2. Dismiss as Moot 03/20/01

3. Allowed 03/20/01
 

179P01   State v. Joseph P. Smith   Def's Pro Se PWC to Review Order of Superior Court

 

Dismissed  
184P01   State v. Michael Todd Buchanan   Def's Pro Se PWC to Review Order of Superior Court

 

Dismissed  
186P01   Bryain E. Gray v. Theodis Beck, et al.
 
Plt's Pro Se PWC to Review Order of COA   Denied  
190P01   State v. Herman K. Simpson   Def's Pro Se Motion for Production of Transcript

 

Dismissed  
192P01   State v. Destry Riccard
 
Def's Pro Se Motion for Appointment of Counsel   Dismiss as moot  
198A01*   State v. Steven M. Grover, Sr.   1. AG's Motion for Temporary Stay

2. AG's Petition for Writ of Supersedeas

3. AG's NOA Based Upon a Dissent (COA99-1447)  

1. Allowed

2.

3.

 

305PA00   Christenbury Surgery Center v. North Carolina Department of Health and Human Services
 
Joint Motion for Authority to Share Time for Oral Argument   Allowed 03/06/01  
305PA00*   Christenbury Surgery Center v. N.C. Department of Health and Human Services   Motion to Strike Amicus Curiae Memorandum of Additional Authority

 

Denied  
336A95-2*   State v. Richard Eugene Cagle   1. Def's Motion for Extension of Time to File PWC on 3/15/01

2. Def's Motion for Leave to File Amended PWC

3. Def's PWC to Review Order of Superior Court
 

1. Allowed 03/15/01

2. Dismissed as moot 03/15/01

3.  

354PA00*   Lynne Herbig Steg v. Brian David Steg   Plt's Motion to Dismiss PWC and Petition for Writ of Supersedeas

 

Denied  
410A00*   Henry J. Murphy v. Coastal Physician Group, Inc.   Joint Motion to Withdraw Appeal   Allowed

Edmunds, J. Recused
 

472P00-2   George L. Gaunt, et al. v. Donald E. Pittaway, et al.   1. Plts' (Gaunt and Center for Reproductive Medicine, P.A.) PWC to Review Decisions of COA

2. Plts' (Gaunt and Center for Reproductive Medicine, P.A.) Motion Under Rule 2
 

1. Denied

2. Denied  

505P00-2   State v. Timothy Lamont Hill   Def's Pro Se PWC to Review Order of COA

 

Denied  
571P00   Mary Ellison Little and Robert J. Ellison v. Jack Douglas Stogner, individually, and Jack Douglas Stogner, as Administrator of the Estate of Peggy W. Stogner and Jeffrey W. Malickson, Trustee
 
Def's (Jack Stogner) PDR Under G.S. § 7A-31   Denied  
575P00   State v. Joseph Dawayne Johnson   1. Def's Pro Se PWC to Review Order of N.C. COA

2. Def's Pro Se Motion for Appointment of Counsel
 

1. Dismissed

2. Denied  

577P00   State v. Michael Shawn Thomas   1. Def's Pro Se PDR Under G.S. § 7A-31

2. Def's NOA Based Upon a Constitutional Question
 

1. Denied

2. Dismiss ex mero motu

Edmunds, J. Recused
 


Converted by Andrew Scriven