SUPREME COURT OF NORTH CAROLINA

PETITIONS

Decided by the Court in Conference: 27 March 2003

{Posted on the Internet Web Site: 28 March 2003 at 11:30 a.m.}

COMMON ABBREVIATIONS (Click here for archived petitions)
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
005A86-8*   State v. Henry Lee Hunt   1. D. Stuart Meiklejohn's Motion for Admission to Limited Practice

2. Joseph P. Facciponti's Motion for Admission to Limited Practice

3. Steven L. Holley's Motion for Admission to Limited Practice

4. Richard C. Pepperman, II's Motion for Admission to Limited Practice

5. Joseph J. Reilly's Motion for Admission to Limited Practice

6. Brent J. McIntosh's Motion for Admission to Limited Practice  

1. Allowed
03/18/03

2. Allowed
03/18/03

3. Allowed
03/18/03

4. Allowed
03/18/03

5. Allowed
03/18/03

6. Allowed
03/18/03  

005A86-8*   State v. Henry Lee Hunt   AG's Motion to File Addendum to Record   Allowed
03/21/03  
010P03   Diane Atkins v. Kelly Springfield Tire Co. and The Travelers Ins. Co.   1. Defs' PDR Under N.C.G.S. § 7A- 31 (COA01-1460)

2. Defs' Motion for Temporary Stay

3. Defs' Petition for Writ of Supersedeas

4. Motion for the North Carolina Association of Self-Insurers to File Amicus Curiae Brief Conditioned on the Grant of Discretionary Review  

1.Allow PDR as to Issues 1 and 2 only

2. Allowed pending determination of defs' PDR
01/14/03

3. Allowed

4. Allowed  

011P03   State v. Randy Doven Bryant   1. Def's NOA Based Upon a Constitutional Question (COA02-144)

2. Def's PDR Under N.C.G.S. § 7A- 31

3. AG's Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed  

016P03-2   State v. Stanley Eugene Franklin   1. Def's Pro Se Petition for Writ of Mandamus

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

3. Def's Pro Se Motion for Evidentiary Hearing in Support of Writ of Mandamus  

1. Denied

2. Denied

3. Denied
 

031P03   State v. James Bunn Wiggins   1. Def's NOA Based Upon a Constitutional Question (COA02-148)

2. Def's PDR Under N.C.G.S. § 7A- 31

3. AG's Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed  

044P03   North Carolina Farm Bureau Mutual Insurance Company v. Julie S. F. Holt   1. Def's NOA Based Upon a Constitutional Question (COA01- 1439)

2. Def's PDR Under N.C.G.S. § 7A- 31

3. Plt's Motion to Dismiss Appeal

4. Counsels' Motion for Admission Pro Hac Vice  

1. ---

2. Denied

3. Allowed

4. Dismissed as Moot  

045A03   Richard Allen Overton v. William Robert Purvis   1. Plt's NOA Based Upon a Dissent (COA01-1520)

2. Plt's PWC to Review the Decision of the COA  

1. ---

2. Denied  

046P03   County of Wake, Petitioner v. N.C. Department of Environment & Natural Resources and Jerry Franks and John Schifano, et al., Respondents and Town of Holly Springs, Respondent/Intervenor   1. Respondents' (Franks and Schifano et al.) and Respondent-Intervenor's (Town of Holly Springs) PDR Under N.C.G.S. § 7A-31 (COA01-847)

2. Petitioner's Conditional PDR as to Additional Issues

3. Respondent-Appellant Jerry Franks' PDR Under N.C.G.S. § 7A- 31

4. Petitioner's Motion to Strike PDR  

1. Denied

2. Dismissed as Moot

3. Denied

4. Denied  

050P03   Sandra B. Huntley v. Howard Lisk Co., Inc.   Plt's PDR Under N.C.G.S. § 7A-31 (COA02-75)   Denied  
051P03   State v. Howard Eugene Safrit   Def's PDR Under N.C.G.S. § 7A-31 (COA02-304)   Denied  
057P03   State ex rel Utilities Commission; BellSouth Telecommunications, Inc. v. Thrifty Call, Inc.   1. Respondent's NOA Based Upon a Constitutional Question (COA01- 1466)

2. Respondent's PDR Under N.C.G.S. § 7A-31

3. Respondent's Alternative PDR of Constitutional Issues

4. Respondent's Motion to Avoid Inconsistency With Federal Tribunal by Holding Proceeding in Abeyance, Referring Matter to FCC, and/or Requesting FCC to Submit Amicus Curiae Brief

5. Respondent's Motion for Leave to File Reply to Response to PDR  

1. Dismissed ex mero motu

2. Denied

3. Denied

4. Denied

5. Dismissed as Moot  

063P03   State v. Michael Scott Pasour   Def's Pro Se PWC to Review the Decision of the COA (COA01-1432)   Denied  
065P03   State v. Carlos DeVito Payne   1. Def's Pro Se Motion for Reconsideration

2. Def's Pro Se Petition for Writ of Mandamus

3. Def's Pro Se “PDR”

4. Def's Motion for Court to Exercise its Discretion and Consider “Forged” “NOA”

5. Def's PWC  

1. Dismissed

2. Denied

3. Denied

4. Dismissed

5. Denied  

067P03   Neuse River Foundation, Inc., et al. v. Smithfield Foods, Inc., et al.

Thomas E. Jones, et al. v. Smithfield Foods, Inc., et al.  
Plts' PDR Under N.C.G.S. § 7A-31 (COA01-1204; COA01-1205)


 

Denied
02/28/03  
073P03   American Woodland Industries, Inc., et al. v. Norris Tolson, Secretary of Revenue, et al.   1. Plts' PDR Under N.C.G.S. § 7A- 31 (COA01-1533)

2. Defs' (Secretary of Revenue and State of NC) Conditional PDR as to Additional Issues

3. Defs' (Forsyth, Franklin, Gaston, Gates, Graham, Granville, Green, Guilford, Halifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Jackson, Johnston, Jones, Lee, Lenoir, Lincoln, Macon, Martin, McDowell, Mecklenburg, Mitchell, Montgomery, Moore, Nash, Scotland and Wake Counties) Conditional PDR as to Additional Issues

4. Defs' (Alamance, Alleghany, Anson, Ashe, Avery, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Clay, Cleveland, Columbus, Craven, Currituck, Dare, Davidson, Duplin, Durham and Edgecombe Counties) Conditional PDR as to Additional Issues  

1. Denied

2. Dismissed as Moot

3. Dismissed as Moot

4. Dismissed as Moot  

074P03   Celeste Renee McNeely v. William Brannon Bollinger   Plt's PDR Under N.C.G.S. § 7A-31 (COA01-1059)   Denied  
076A03   Peter Brevorka and wife, Carole Brevorka
v. Wolfe Construction, Inc.  
1. Plts' NOA (Dissent) (COA02-5)

2. Plts' PDR as to Additional Issues  

1. ---

2. Denied

Edmunds, J., recused  

077P03   Dorothy T. Howard, by and through the Administratrix of her Estate v. Robert D. Vaughn, Jr., M.D.; James A. Watkins, M.D.; Louis H. Zbinden, III, M.D.; Dilworth Surgical Group, P.A. o/k/a Dilworth Surgical Specialists, P.A.; Mercy Hospital, Inc.; Carolinas Health Care System d/b/a Mercy Hospital, Inc.   Several Defs' (Vaughn, Watkins, Dilworth Surgical Group, P.A. o/k/a Dilworth Surgical Specialists, P.A.) PDR Under N.C.G.S. § 7A-31 (COA02-28)   Denied  
080P03   State v. Victor Shevay Thomas   Def's PDR Under N.C.G.S. § 7A-31 (COA01-1310)   Denied  
084P03   Kenneth H. Myers, Jr. v. Thomas P. Mutton, M.D.; Forsyth Memorial Hospital, Inc.; Novant Health, Inc.; Novant Health Triad Region, LLC   1.. Plt's and Petitioners' (Faison and Gillespie) NOA Based Upon a Constitutional Question (COA01- 1409)

2. Plt's and Petitioners' (Faison and Gillespie) PDR Under N.C.G.S. § 7A-31  

1. Dismissed ex mero motu

2. Denied  

085P03   Bessemer City Express, Inc. and Mike's Food Store, Inc. v. City of Kings Mountain, North Carolina   Plts' PDR Under N.C.G.S. § 7A-31   Denied  
089P03   Sandra P. Suarez, et al. v. James William Wotring, Jr., M.D., et al.   1. Plts' PDR Under N.C.G.S. § 7A-31 (COA02-108)

2. Plts' Alternate PWC to Review the Decision of the COA

3. Defs' Conditional PDR as to Additional Issues
 

1. Denied
03/03/03

2. Denied
03/03/03

3. Dismissed as Moot
03/03/03  

091P03   Barbara Paquette v. County of Durham and Dale Gaddis and Priscilla Lewis and Brenda Watson   1. Defs' PDR Under N.C.G.S. § 7A- 31 (COA02-59)

2. Plt's Motion for Additional Time to File Response

 

1.

2. Allowed
 

092P03   Karen Ann Blankenship and Mike Thompson v. Town and Country Ford, Inc. and Ford Credit Leasing, Inc.   1. Def's (Town and Country Ford, Inc..) PDR Under N.C.G.S. § 7A-31 (COA02-191)

2. Plts' PDR Review as to Additional Issues  

1. Denied

2. Dismissed as Moot  

094PA02-2   Ashley Stephenson, et al. v. Gary Bartlett, et al.   Citizen Quinn's Motion to File a “Friend of the Court” Brief in Support of Modifying Current Districts   Allowed

Orr, J.,
recused
 

096A03   State v. Gerald Wayne Adams   1. Def's NOA Based Upon a Constitutional Question (COA01- 1419)

2. AG's Motion to Dismiss Appeal  

1. ---

2. Allowed  

098P99-2   State v. Frank Boyd Chance   Def's Pro Se PWC to Review the Order of the COA (COAP03-24)   Dismissed  
099P03   Algie D. Toomer, Jr. v. Garland Garrett, John Doe #1, John Doe #2, individually and in their official capacities; State of North Carolina; North Carolina Department of Transportation; and North Carolina Department of Correction   1. Defs' NOA Based Upon a Constitutional Question (COA01- 1385)

2. Defs' PDR Under N.C.G.S. § 7A- 31

3. Plt's Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed  

100P03   In Re: Request for Declaratory Ruling by the Environmental Management Commission

N.C. Home Builders Association, et al. v. Environmental Management Commission and N.C. Chapter of the Sierra Club, et al.  

Plts' PDR Under N.C.G.S. § 7A-31 (COA02-99)


 

Denied  
101P03   Charles W. Plummer, M.D. v. Community General Hospital of Thomasville, Inc.; Allegiant Physician Services, Inc.; and Premiere Anesthesia, Inc.   Plt's PDR Under N.C.G.S. § 7A-31 (COA97-191)   Denied  
105P03*   David Teasley v. Theodis Beck, Secretary of the North Carolina Department of Correction, in his official capacity, et al.

Odell Clinton Bates v. Theodis Beck, Secretary of the North Carolina Department of Correction, in his official capacity, et al.  

Plts' Motion to Amend PDR to Correct Error as to Form



 

Allowed
02/24/03

 

106P03   State v. Donald Frederick Taylor   Def's PWC to Review the Decision of the COA (COA01-942)   Denied  
110P03   State v. Jeremiah Jermaine Stubbs   Def's Pro Se PWC Review Under N.C.G.S. § 7A-31 (COA01-259)
 
Denied  
111P03   In the Matter of the Will of Gladys Baars Campbell   Caveators' (Fred Baars, Carole Baars Hakan, Sue Baars Smith, Emerson Campbell) PDR Under N.C.G.S. § 7A-31 (COA01-1223)   Denied

Lake, C.J.,
recused
 

113P03   State v. Rodney Jay Tucker   1. AG's Motion for Temporary Stay

2. AG's Petition for Writ of Supersedeas

3. AG's PDR Under N.C.G.S. § 7A- 31 (COA02-156)  

1. Denied
02/21/03

2. Allowed

3. Allowed
 

114P03   State v. Jeremy John Howard   Def's PWC to Review the Order of the COA (COAP03-38)   Denied  
115P03   Reginald Sherwood Grandy v. Supt. Ernest Sutton, et al.   Plt's Pro Se Petition for Writ of Error Coram Nobis (COAP02-796)   Denied  
117P03   Carolyn Campbell v. North Carolina Department of Transportation - Division of Motor Vehicles   Respondent-Appellant's PDR Pursuant to N.C.G.S. § 7A-31 (COA02-81)   Denied  
118P03   Jack Walker v. Lake River Lawn and Garden and N.C. Farm Bureau Mutual Ins. Co.   Defs' PDR Under N.C.G.S. § 7A-31 (COA01-1525)
 
Denied  
119P03   State v. Carl W. Moore   Def's Pro Se PWC to Review the Order of the COA (COAP02-960)
 
Dismissed  
121P03   State v. Lovett Henderson   1. Def's NOA Based Upon a Constitutional Question (COA01- 1501)

2. Def's PDR Under N.C.G.S. § 7A- 31

3. AG's Motion to Dismiss Appeal  

1. ---

2. Denied

3. Allowed  

122P03   John H. Icardi v. Celeris Corporation f/k/a Summit Medical Systems, Inc., et al.   Defs' PWC to Review the Decision of the COA (COA01-988)   Denied  
124P03   State v. Jonathan Montego Banner   1. Def's Pro Se PDR Under N.C.G.S. § 7A-31 (COA02-272)

2. Def's Pro Se Motion to Amend PDR  

1. Denied

2. Denied  

129P03   James Elve Flowers, Jr. v. State   Petitioner's Pro Se Petition for Writ of Habeas Corpus   Denied
03/04/03  
143A95-5*   Charles Phillips Bond v. State   3. Petitioner's Pro Se Second Amended Petition for Writ of Habeas Corpus   Denied
03/04/03  
154P03   State v. Roman Guitierrez Rubio   1. AG's Petition for an Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure

2. AG's Petition for Writ of Supersedeas

3. AG's Motion for the Court to Issue an Extraordinary Writ Staying All Orders in the Trial Court re Appointment Fees

4. AG's Motion to Consolidate and Preview All Cases Simultaneously Filed or Soon to be Filed Raising Same Issue  

1. See Special Order

2. See Special Order

3. See Special Order

4. See Special Order  

155P03   State v. John Walter McNeil   1. AG's Petition for an Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure

2. AG's Petition for Writ of Supersedeas

3. AG's Motion for the Court to Issue an Extraordinary Writ Staying All Orders in the Trial Court re Appointment Fees

4. AG's Motion to Consolidate and Preview All Cases Simultaneously Filed or Soon to be Filed Raising Same Issue  

1. See Special Order

2. See Special Order

3. See Special Order

4 See Special Order.  

156P03   State v. Marvin Junior Kelly   1. AG's Petition for an Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure

2. AG's Petition for Writ of Supersedeas

3. AG's Motion for the Court to Issue an Extraordinary Writ Staying All Orders in the Trial Court re Appointment Fees

4. AG's Motion to Consolidate and Preview All Cases Simultaneously Filed or Soon to be Filed Raising Same Issue  

1. See Special Order

2. See Special Order

3. See Special Order

4. See Special Order  

157P03   State v. Dudley Cedrick Webb   1. AG's Petition for an Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure

2. AG's Petition for Writ of Supersedeas

3. AG's Motion for the Court to Issue an Extraordinary Writ Staying All Orders in the Trial Court re Appointment Fees

4. AG's Motion to Consolidate and Preview All Cases Simultaneously Filed or Soon to be Filed Raising Same Issue  

1. See Special Order

2. See Special Order

3. See Special Order

4. See Special Order  

174A02*   State v. William Jasper Goodman, Jr.   Def's Motion Under Rule 2 of the Rules of Appellate Procedure   Denied
03/11/03  
211P02   Leroy E. Tuckett v. L.E. Tuckett Architect Group, P.A., Jerry U. Guerrier d/b/a The Atepa Group, P.A., and/or Any Persons Doing Business for or as The Atepa Group, P.A.   1. Defs' PWC to Review the Order of the COA (COA01-348)

2. Defs' PWC to Review the Decision of the COA

 

1. Denied
02/27/03

2. Denied
02/27/03  

228A95-2*   State v. Darrell Christopher Woods   Def's Motion for Extension of Time to File PWC   Allowed
03/03/03  
322A02*   Daniel Fabricio Rosero v. Lisa Blake   N.C. Academy of Trial Lawyers' Motion for Leave to Participate in Oral Argument   Allowed
03/07/03  
331P01-2   State v. Nicholas N. Cauley   Def's Pro Se PWC to Review the Order of the COA (COAP03-21)   Dismissed  
379A95-3*   State v. Jeffrey Karl Meyer
 
1. Def's PWC to Review the Order of Superior Court

2. Def's Motion Requesting Justice Brady to Not Participate in Consideration of PWC

3. Def's Motion to Hold in Abeyance Consideration of PWC Pending Decision by Justice Brady Whether He Should Disqualify Himself

4. Def's Motion to Hold consideration of PWC in Abeyance Pending Decision by Cumberland County Superior Court on Motion for Reconsideration  

1.

2. Dismissed

3. Denied

4.  

428A00   State v. Marcus Larenzo Squires   AG's Motion to Amend Record on Appeal   Allowed  
435A96-3   State v. Walic Christopher Thomas   Def's Pro Se Petition for Writ of Mandamus on Petitioner's Motion to Recuse Post-Conviction Attorneys Due to Conflict of Interest   Dismissed  
445P02-2
 
State v. Vernelle Lafarris Bullock, Sr.
 
1. AG's Motion for Temporary Stay

2. AG's Petition for Writ of Supersedeas

3. AG's PDR Under N.C.G.S. § 7A- 31 (COA01-476)

4. Def's Motion to Deem Response to AG's PDR Timely Filed

5. Def's NOA Based Upon a Constitutional Question

6. Defendant's PDR Under N.C.G.S. § 7A-31  

1. Allowed
12/18/02
Dissolved

2. Denied

3. Denied

4. Dismissed as Moot

5. Dismissed ex mero motu

6. Denied  

516P02   Allen Wayne Seymour, Jr. v. Lenoir County and Sandy Bottom Volunteer Fire Dept., Inc., et al.   1. Joint Motion by All Parties for Leave to File Voluntary Dismissal With Prejudice as to Non-Appealing Defendant Lenoir County

2. Joint Motion to Dismiss Appeal and for Leave to File Dismissal with Prejudice (COA01-972)  

1. Allowed
03/04/03

2. Allowed  

522A02   Dan Rhyne and Alice Rhyne v. K-Mart Corporation, Shawn Roberts, and Joseph Hoyle   1. Plts' NOA Based Upon a Dissent (COA00-1516)

2. Plts' NOA Based Upon a Constitutional Question

3. Plts' PDR as to Additional Issues

4. Defs' PDR as to Additional Issues  

1. ---

2. Retained

3. Denied

4. Allowed  

530P02*   Randy L. Hasty, et al. and Cassandra Ingram, et al. v. State of North Carolina and the State Board of Education   1. Defs' PDR Prior to Determination by the COA (COA02-1181)

2. Plts' and Plt Intervenors' PDR Prior to Determination by the COA  

1. Allowed
03/18/03

2. Allowed
03/18/03  

581A02   Cecil C. Holcomb v. Colonial Associates, LLC, and John Olson   1. Plt's NOA Based Upon a Dissent (COA01-1067)

2. Plt's PDR as to Additional Issues

3. Defs' Conditional PDR as to Additional Issues  

1. ---

2. Denied

3. Dismissed as Moot  

617PA02*   Whitacre Partnership v. BioSignia, Inc., T. Nelson Campbell and T. Colin Campbell   Motion for Admission Pro Hac Vice of J.William Koegel, Jr.   Allowed
03/26/03  
642P02   Terry Vares, Individually, and as Guardian Ad Litem for Justice Vares v. Gregory Vares, Bert L. Bennett, Jr., John Bennett, Sean McPartland, and Ann Bennett Phillips   Plt's PDR Under N.C.G.S. § 7A-31 (COA01-1411)   Denied  
656P02   Structural Components v. City of Charlotte and Lockheed Martin IMS
 
1. Plt's NOA Based Upon a Constitutional Question (COA02-200)

2. Plt's PDR Under N.C.G.S. § 7A-31

3. Def's Motion to Dismiss Appeal
 

1. - - -

2. Denied
03/11/03

3. Allowed
03/11/03