Supreme Court of North Carolina - Petitions

SUPREME COURT OF NORTH CAROLINA

PETITIONS

Decided by the Court in Conference: 3 May 2001
{Posted on the Internet Web Site: 4 May 2001 at 9:30 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

050P01 Wendell Justin Williamson v. Myron B. Liptzin, M.D.
1. Plt's PDR Under G.S. § 7A-31 (COA99-813)

2. Def's Conditional PDR as to Addtional Issues (COA99-813)

1. Denied

2. Dismissed as moot

053P01 Marie L. Finney and Craig H. Finney v. Pamela Sims Studevent and James Maurice Studevent
Plts' PDR Under G.S. § 7A-31

Denied 04/23/01

061P01 State v. Jimmie McEachin, Jr. 1. Def's Pro Se Motion to Proceed in Forma Pauperis

2. Def's Pro Se PWC

1. Allowed

2. Denied

092P01 State v. Donald Eugene Medlin
1. Def's NOA Based Upon a Constitutional Question (COA99- 1387)

2. Def's PDR Under G.S. § 7A-31 (COA99-1387)

1. Dismissed ex mero motu

2. Denied

094P01 Tona Renee Hustad, formerly Tona Renee Robinson v. Deborah Lynn Bethune, formerly Deborah Lynn Ollo
Plt's PWC to Review Decision of NC COA (COA99-1607) Denied

103P01 State v. Richard Boyce Jones
Def's Pro Se PWC to Review the Order of the Superior Court
Denied

109P01 State v. William Dawson
Def's PWC to Review the Order of the NC COA (COA99-1268)

Denied

Edmunds, J. Recused

111P01 In the Matter of the Foreclosure of the Deed of Trust of Eugene Hooper to Peter A. Paul, Substitute Trustee, as Recorded in Book 929, at page 370 of the Jackson County Registry
Def's (Eugene Hooper) PDR Under G.S. § 7A-31 (COA99-1342) Denied

Martin, J. Recused

115P01 William Britt v. George Hayes 1. Def's PDR (COA99-792)

2. Plt's Conditional PDR as to Additional Issues (COA99-792)

1. Allowed

2. Allowed

118P01-2 State v. Cornelius Tucker, Jr.
Def's Pro Se Petition for Writ of Mandamus Denied

128P01 State v. Vance Clegg 1. Def's NOA Based Upon a Constitutional Question

2. Def's PDR

3. State's Motion to Dismiss Appeal
1. --

2. Denied

3. Allowed

Edmunds, J. Recused

131P01-2* State v. Anthony Dove
Def's Pro Se Motion for Private Investigator
Denied

139A01 In re: Gregory R. Hayes Respondent's (Hayes) Motion for Additional Time to Present Oral Argument
Denied 04/12/01

143P01 In re: Ronald Thomas Brim Respondent's (Brim) PDR Under G.S. § 7A-31 (COA00-474)
Denied 04/19/01

145P01 John Ray Dawkins v. James Sale and Swink Oil Company
Plt's PDR Under G.S. § 7A-31 (COA00-272)

Denied

146P01 Benjamin F. McCallum v. North Carolina Cooperative Extension Service of North Carolina State University, et al.
1. Plt's NOA Based Upon a Substantial Constitutional Question (COA99-1434)

2. Plt's PDR Under G.S. § 7A-31 (COA99-1434)

3. Defendants' Motion to Dismiss Appeal (COA99-1434)

1. ---

2. Denied

3. Allowed

149P01 Ben Johnson Homes, Inc. v. Herbert K. Plauche and Virginia Plauche
Plt's PDR

Denied
04/06/01

Martin, J. Recused

150P01 Julius Spence Wall (deceased) v. Applen-Boren Company, Inc. and Self/Riscorp of N.C.
Plt's PDR

Denied 04/12/01

151P01 DKH Corporation v. Rankin-Patterson Oil Co., Inc. Def's PDR Under G.S. § 7A-31 (COA99-1617)

Denied 04/06/01

Edmunds, J. Recused

154P01 Sandra A. Stanley, Administratrix of the Estate of Cecil Bryan Stanley, Jr. v. Brunswick Electric Membership Corporation
Plt's PDR Under G.S. § 7A-31 (COA00-29)

Denied 04/12/01

159P01-2* State v. William Lamonte Quick
Def's Pro Se Petition for Writ of Habeas Corpus
Denied 04/06/01

170P01 Good Neighbors of South Davidson and Larry Bruce Sumner, Sr. v. Town of Denton
Plts' PDR Under G.S. § 7A-31 (COA99-1546) Allowed

173P01 Edward Fern v. K- Mart Corporation Def's PDR Under G.S. § 7A-31 (COA00-257)
Denied

177P01 Heather Goodan Smith v. Winn-Dixie Charlotte, Inc., Bhayani, Bhayani, Schewzyk, Williams, Currie
Plt's PDR (COA00-284)
Denied

178P01 Cap Care Group, Inc. and PWPP Partners v. C. Wayne McDonald, individually and C&M Investments of High Point, Inc.
1. Plt's PWC to Review the Order of the COA (COA01-170)

2. Plt's Motion to Expedite Review of PWC.
1. Denied 04/11/01

2. Allowed 04/11/01

183P01 State v. Victor Manuel Munoz
Def's Pro Se PWC to Review the Decision of the NC COA (COA99- 1338)
Denied

Edmunds, J. Recused

185P01 Liberty Mutual Ins. Co. v. Judy Bass Pennington and Rick Pennington
Plt's PWC to Review the Decision of the NC COA (COA99-1335)
Allowed

193P01 State v. Kenneth Dammons
Def's PWC to Review the Order of the Superior Court (COAP01-150) Dismissed

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 04/05/01

2. Allowed 04/18/01

3.

200P01* State v. James David Roberts 1. AG's Motion for Temporary Stay

2. AG's Petition for Writ of Supersedeas

1. Allowed 04/06/01

2.

201P01* State v. Donald J. Daniels 1. Def's Pro Se PWC to Review the Order of the COA (COAP01-131)

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

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

1. Denied 04/17/01

2. Allowed 04/17/01

3. Denied 04/17/01

202P01 State v. Michael D. Reese
Def's Pro Se PWC to Review the Decision of the NC COA (COA00- 586)
Denied

204P01 State v. Stanley Lorenzo Williams
Def's Pro Se Petition for Writ of Mandamus Denied

205P01 Martha Clark, Employee v. The Sanger Clinic, P.A., Employer, ITT Hartford Insurance Co.
1. Plt's PDR Under G.S. § 7A-31 (COA00-153)

2. Def's Conditional PDR

1. Denied

2. Dismissed as moot

206P01 J. Arthur Pope v. Michael Easley, Roy Cooper, and Biggs, Campbell & Thomas
Joint PDR Prior to Determination by the NC COA (COA01-432) Allowed

208P01 John Frank Bowen v. State of North Carolina and Chief Superior Court Judge, Wake County, et al
1. Plt's Pro Se PWC to Review the Order of the NC COA (COAP01-206) (Filed as NOA Based Upon Constitutional Question)

2. Plt's Pro Se PWC to Review the Order of the NC COA (COAP01-206) (Filed as a PDR)

1. Dismissed ex mero motu

2. Denied

209P01 State v. Shelton Vernell McKenzie Def's PWC to Review the Decision of the NC COA (COA 99-1580)
Denied

217P01 State v. Danny Foreman
Def's Pro Se PWC of Review of Order of the NC COA (COA01-212)
Dismissed

218P01 Robert Mayhew and wife, Barbara Jean Walls v. Galvan Industries, Inc.
Def's Petition for Writ of Mandamus Dismissed as moot
04/27/01

220P01 Emmett B. Shipp v. Jim Pendergraph, Mecklenburg County Sheriff
Plt's Pro Se Petition for Writ of Habeas Corpus Denied 04/27/01

222P01* Crystal Anne Urick, a Minor By Lewis Pitts, Attorney and Next Friend v. Wake County Human Services
1. Petition for Writ of Habeas Corpus

2. Motion for Temporary Stay

1.

2. Allowed
See Separate Order Filed 27 April 2001

222PA00 Medical Mutual Ins. Co. of N.C. v. Gary Eugene Mauldin, M.D. et al
Def's Petition for Rehearing Denied

Martin, J. Recused

224P01 State v. Epifanio C. Gomez 1. Def's Pro Se PWC to Review Order of COA (COA01-140)

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

1. Denied

2. Allowed

257A82-3 State v. Francis Marion Anthony
AG's Motion to Reconsider this Court's February 1, 2001 Order Remanding Case to Superior Court for an Evidentiary Hearing
Dismissed

283P98-2* State v. Jeremy Lujan Aiken
1. AG's Motion for Temporary Stay

2. AG's Petition for Writ of Supersedeas

3. AG's PDR Under G.S. § 7A-31 (COA00-295)

1. Denied

2.

3.

323PA00* Charles A. Simmons v. Landfall Associates and Aetna Life & Casualty Travelers
Plt's and Def's Motion to Withdraw PDR Allowed 04/19/01

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.

418PA99-2* Demetrius Lynn v. Starnisha Burnette and Unknown Driver “Jane Doe” a/k/a Nikki Frasier Joint Motion to Withdraw Case Allowed 04/18/01

Edmunds, J. Recused

518P97-3 State v. Donovan P. Johnston
1. Def's PWC

2. AG's Motion to Dismiss PWC

1. ---

2. Allowed without prejudice for def to file PWC with COA

***END OF DOCUMENT***

Converted from WordPerfect

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

050P01	Wendell Justin Williamson v. Myron B. Liptzin, M.D.	1. Plt's PDR Under G.S. § 7A-31 (COA99-813) 2. Def's Conditional PDR as to Addtional Issues (COA99-813)	1. Denied 2. Dismissed as moot
053P01	Marie L. Finney and Craig H. Finney v. Pamela Sims Studevent and James Maurice Studevent	Plts' PDR Under G.S. § 7A-31	Denied 04/23/01
061P01	State v. Jimmie McEachin, Jr.	1. Def's Pro Se Motion to Proceed in Forma Pauperis 2. Def's Pro Se PWC	1. Allowed 2. Denied
092P01	State v. Donald Eugene Medlin	1. Def's NOA Based Upon a Constitutional Question (COA99- 1387) 2. Def's PDR Under G.S. § 7A-31 (COA99-1387)	1. Dismissed ex mero motu 2. Denied
094P01	Tona Renee Hustad, formerly Tona Renee Robinson v. Deborah Lynn Bethune, formerly Deborah Lynn Ollo	Plt's PWC to Review Decision of NC COA (COA99-1607)	Denied
103P01	State v. Richard Boyce Jones	Def's Pro Se PWC to Review the Order of the Superior Court	Denied
109P01	State v. William Dawson	Def's PWC to Review the Order of the NC COA (COA99-1268)	Denied Edmunds, J. Recused
111P01	In the Matter of the Foreclosure of the Deed of Trust of Eugene Hooper to Peter A. Paul, Substitute Trustee, as Recorded in Book 929, at page 370 of the Jackson County Registry	Def's (Eugene Hooper) PDR Under G.S. § 7A-31 (COA99-1342)	Denied Martin, J. Recused
115P01	William Britt v. George Hayes	1. Def's PDR (COA99-792) 2. Plt's Conditional PDR as to Additional Issues (COA99-792)	1. Allowed 2. Allowed
118P01-2	State v. Cornelius Tucker, Jr.	Def's Pro Se Petition for Writ of Mandamus	Denied
128P01	State v. Vance Clegg	1. Def's NOA Based Upon a Constitutional Question 2. Def's PDR 3. State's Motion to Dismiss Appeal	1. -- 2. Denied 3. Allowed Edmunds, J. Recused
131P01-2*	State v. Anthony Dove	Def's Pro Se Motion for Private Investigator	Denied
139A01	In re: Gregory R. Hayes	Respondent's (Hayes) Motion for Additional Time to Present Oral Argument	Denied 04/12/01
143P01	In re: Ronald Thomas Brim	Respondent's (Brim) PDR Under G.S. § 7A-31 (COA00-474)	Denied 04/19/01
145P01	John Ray Dawkins v. James Sale and Swink Oil Company	Plt's PDR Under G.S. § 7A-31 (COA00-272)	Denied
146P01	Benjamin F. McCallum v. North Carolina Cooperative Extension Service of North Carolina State University, et al.	1. Plt's NOA Based Upon a Substantial Constitutional Question (COA99-1434) 2. Plt's PDR Under G.S. § 7A-31 (COA99-1434) 3. Defendants' Motion to Dismiss Appeal (COA99-1434)	1. --- 2. Denied 3. Allowed
149P01	Ben Johnson Homes, Inc. v. Herbert K. Plauche and Virginia Plauche	Plt's PDR	Denied 04/06/01 Martin, J. Recused
150P01	Julius Spence Wall (deceased) v. Applen-Boren Company, Inc. and Self/Riscorp of N.C.	Plt's PDR	Denied 04/12/01
151P01	DKH Corporation v. Rankin-Patterson Oil Co., Inc.	Def's PDR Under G.S. § 7A-31 (COA99-1617)	Denied 04/06/01 Edmunds, J. Recused
154P01	Sandra A. Stanley, Administratrix of the Estate of Cecil Bryan Stanley, Jr. v. Brunswick Electric Membership Corporation	Plt's PDR Under G.S. § 7A-31 (COA00-29)	Denied 04/12/01
159P01-2*	State v. William Lamonte Quick	Def's Pro Se Petition for Writ of Habeas Corpus	Denied 04/06/01
170P01	Good Neighbors of South Davidson and Larry Bruce Sumner, Sr. v. Town of Denton	Plts' PDR Under G.S. § 7A-31 (COA99-1546)	Allowed
173P01	Edward Fern v. K- Mart Corporation	Def's PDR Under G.S. § 7A-31 (COA00-257)	Denied
177P01	Heather Goodan Smith v. Winn-Dixie Charlotte, Inc., Bhayani, Bhayani, Schewzyk, Williams, Currie	Plt's PDR (COA00-284)	Denied
178P01	Cap Care Group, Inc. and PWPP Partners v. C. Wayne McDonald, individually and C&M Investments of High Point, Inc.	1. Plt's PWC to Review the Order of the COA (COA01-170) 2. Plt's Motion to Expedite Review of PWC.	1. Denied 04/11/01 2. Allowed 04/11/01
183P01	State v. Victor Manuel Munoz	Def's Pro Se PWC to Review the Decision of the NC COA (COA99- 1338)	Denied Edmunds, J. Recused
185P01	Liberty Mutual Ins. Co. v. Judy Bass Pennington and Rick Pennington	Plt's PWC to Review the Decision of the NC COA (COA99-1335)	Allowed
193P01	State v. Kenneth Dammons	Def's PWC to Review the Order of the Superior Court (COAP01-150)	Dismissed
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 04/05/01 2. Allowed 04/18/01 3.
200P01*	State v. James David Roberts	1. AG's Motion for Temporary Stay 2. AG's Petition for Writ of Supersedeas	1. Allowed 04/06/01 2.
201P01*	State v. Donald J. Daniels	1. Def's Pro Se PWC to Review the Order of the COA (COAP01-131) 2. Def's Pro Se Motion to Proceed in Forma Pauperis 3. Def's Pro Se Motion for Appointment of Counsel	1. Denied 04/17/01 2. Allowed 04/17/01 3. Denied 04/17/01
202P01	State v. Michael D. Reese	Def's Pro Se PWC to Review the Decision of the NC COA (COA00- 586)	Denied
204P01	State v. Stanley Lorenzo Williams	Def's Pro Se Petition for Writ of Mandamus	Denied
205P01	Martha Clark, Employee v. The Sanger Clinic, P.A., Employer, ITT Hartford Insurance Co.	1. Plt's PDR Under G.S. § 7A-31 (COA00-153) 2. Def's Conditional PDR	1. Denied 2. Dismissed as moot
206P01	J. Arthur Pope v. Michael Easley, Roy Cooper, and Biggs, Campbell & Thomas	Joint PDR Prior to Determination by the NC COA (COA01-432)	Allowed
208P01	John Frank Bowen v. State of North Carolina and Chief Superior Court Judge, Wake County, et al	1. Plt's Pro Se PWC to Review the Order of the NC COA (COAP01-206) (Filed as NOA Based Upon Constitutional Question) 2. Plt's Pro Se PWC to Review the Order of the NC COA (COAP01-206) (Filed as a PDR)	1. Dismissed ex mero motu 2. Denied
209P01	State v. Shelton Vernell McKenzie	Def's PWC to Review the Decision of the NC COA (COA 99-1580)	Denied
217P01	State v. Danny Foreman	Def's Pro Se PWC of Review of Order of the NC COA (COA01-212)	Dismissed
218P01	Robert Mayhew and wife, Barbara Jean Walls v. Galvan Industries, Inc.	Def's Petition for Writ of Mandamus	Dismissed as moot 04/27/01
220P01	Emmett B. Shipp v. Jim Pendergraph, Mecklenburg County Sheriff	Plt's Pro Se Petition for Writ of Habeas Corpus	Denied 04/27/01
222P01*	Crystal Anne Urick, a Minor By Lewis Pitts, Attorney and Next Friend v. Wake County Human Services	1. Petition for Writ of Habeas Corpus 2. Motion for Temporary Stay	1. 2. Allowed See Separate Order Filed 27 April 2001
222PA00	Medical Mutual Ins. Co. of N.C. v. Gary Eugene Mauldin, M.D. et al	Def's Petition for Rehearing	Denied Martin, J. Recused
224P01	State v. Epifanio C. Gomez	1. Def's Pro Se PWC to Review Order of COA (COA01-140) 2. Def's Pro Se Motion to Proceed in Forma Pauperis	1. Denied 2. Allowed
257A82-3	State v. Francis Marion Anthony	AG's Motion to Reconsider this Court's February 1, 2001 Order Remanding Case to Superior Court for an Evidentiary Hearing	Dismissed
283P98-2*	State v. Jeremy Lujan Aiken	1. AG's Motion for Temporary Stay 2. AG's Petition for Writ of Supersedeas 3. AG's PDR Under G.S. § 7A-31 (COA00-295)	1. Denied 2. 3.
323PA00*	Charles A. Simmons v. Landfall Associates and Aetna Life & Casualty Travelers	Plt's and Def's Motion to Withdraw PDR	Allowed 04/19/01
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.
418PA99-2*	Demetrius Lynn v. Starnisha Burnette and Unknown Driver “Jane Doe” a/k/a Nikki Frasier	Joint Motion to Withdraw Case	Allowed 04/18/01 Edmunds, J. Recused
518P97-3	State v. Donovan P. Johnston	1. Def's PWC 2. AG's Motion to Dismiss PWC	1. --- 2. Allowed without prejudice for def to file PWC with COA