SUPREME COURT OF NORTH CAROLINA
PETITIONS
03 March 2005
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490PA04
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State of North
Carolina v. Timothy
Earl Blackwell
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Def's Second Motion for Appropriate
Relief
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See Special
Order
02/11/05
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009P05
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Josephine Williams,
Administratrix of the
Estate of Tiffany
Keyetta Jordan v.
Scotland County and
the City of
Laurinburg, acting by
and through their
employees and agents
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Def's (The City of Laurinburg) PDR
Under N.C.G.S. § 7A-31 (COA03-
1624)
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Denied
03/02/05
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011P05
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State of North
Carolina v. Jeffrey
Lynn Williams
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1. Def's Pro Se PDR Under N.C.G.S.
§ 7A-31 (COA03-1691)
2. Def's Pro Se Motion to Proceed in
Forma Pauperis
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1. Denied
2. Allowed
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012P05
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State of North
Carolina v. Derrick
Talmadge Head
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1307)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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013P05
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State of North
Carolina v. Tereasa
Lynn Gibson
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1. Def's NOA Based Upon a
Constitutional Question
2. Def's PDR Under N.C.G.S. § 7A-
31 (COA04-66)
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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015P04-2
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State of North
Carolina v. Gene
Archie Dickens, Jr.
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1. Def's Pro Se Motion for Belated
Appeal
2. Def's Pro Se Motion to Proceed in
Forma Pauperis
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1. Dismissed
2. Allowed
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015PO5
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State of North
Carolina v. James
Edwin Sutton
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1351)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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017P05
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Terrance Lee Stilwell
v. General Railway
Services, Inc.
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1. Def's PDR Under N.C.G.S. § 7A-
31 (COA04-107)
2. Plt's Motion to Allow Filing of
Opposition to Def's PDR
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1. Denied
2. Allowed
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018P05
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State of North
Carolina v. Antoine
D. Steele
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1481)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss
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1. ---
2. Denied
3. Allowed
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023P05
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A&F Trademark, Inc;
Caciqueco, Inc;
Expressco, Inc; Lanco,
Inc; Lernco, Inc;
Limco Investments,
Inc; Limtoo, Inc;
Structureco, Inc; and
V. Secret Stores, Inc.
v. E. Norris Tolson,
Secretary of Revenue,
State of NC, and his
successors
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1. Petitioners' (A&F, Trademark, et
al) NOA Based Upon a Constitutional
Question (COA03-1203)
2. Petitioners' (A&F Trademark, et al)
PDR Under N.C.G.S. § 7A-31
3. Respondent's (Sec. of Revenue)
Motion to Dismiss Appeal
4. Motion by NCMA, NCCBI,
NCBIO, & NCEITA for Leave to File
Memorandum of Amici Curiae
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1. ---
2. Denied
3. Allowed
4. Dismissed
as moot
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024P05
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Tony Ray Smith v.
Staci Day Barbour and
Bilal Kanawati
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Def Staci Day Barbour's PDR of the
Order of the COA (COA02-1396)
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Denied
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025A05
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Carol Bennett v. News
and Observer
Publishing Co., Inc.,
d/b/a The News and
Observer
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Plt's Pro Se NOA Based Upon a
Constitutional Question (COA04-105)
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Dismissed ex
mero motu
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029P05
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John Tubiolo and
wife, Vicki Tubiolo v.
Abundant Life
Church, Inc.
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1. Def's NOA (Constitutional
Question)
2. Def's PDR Under N.C.G.S. § 7A-
31 (COA03-471)
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1. Dismissed
ex mero motu
2. Denied
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032P05
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State of North
Carolina v. Antoine
Steele
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Def's Pro Se PWC to Review the
Decision of the COA (COA04-173)
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Denied
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034P05
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State of North
Carolina v. Anthony
Bernard Jarrett
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Def's PWC to Review the Decision of
the COA (COA03-1248)
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Denied
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040P05
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James Whitehead,
Employee -Plaintiff v.
Pillowtex, Employer
and U.S. Fire
Insurance (Crawford
& Co., Servicing
Agent), Carrier-
Defendents
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Plt's PDR Under N.C.G.S. § 7A-31
(COA03-1536)
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Denied
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043P05
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Bernard Marvin
Lavalley v. Waynie
Felarca Lavalley
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Plt's PDR Under N.C.G.S. § 7A-31
(COA04-227)
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Denied
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044P05
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State of North
Carolina v. Nicholas
Tyrone Coleman
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1. Def's NOA Based Upon a
Constitutional Question (COA04-490)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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045P05
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State of North
Carolina v. Laquez
Eugene Simmons
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1272)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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046P05
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State of North
Carolina v. Kevin
McKenzie Dawkins
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Def's PDR Under N.C.G.S. § 7A-31
(COA04-342)
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Denied
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049P05
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State of North
Carolina v. Kenneth
Leon Spellman
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1. Def's NOA Based on a
Constitutional Question (COA03-
1526)
2. Def's PDR Under N.C.G.S. § 7A-
31
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1. Dismissed
ex mero motu
2. Denied
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051P05
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State of North
Carolina v. Levi Bash
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Def's Pro Se PWC to Review the
Order of the COA (COAP04-1159)
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Dismissed
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052P05
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State of North
Carolina v. George
Lee Thomas
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Def's Pro Se Motion for Appropriate
Relief
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Dismissed
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055P02-2
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State of North
Carolina v. Henry
Ford Adkins
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Def's Pro Se Petition for Writ of
Mandamus (COAP04-260)
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Denied
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055P05
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In Re: R.H.
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Respondent's (A.B.) PDR Under
N.C.G.S. § 7A-31 (COA04-486)
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Denied
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056P05
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State of North
Carolina v. Allen
Brian Cornett
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Def's PDR Under N.C.G.S. § 7A-31
(COA04-85)
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Denied
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058P05
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State of North
Carolina v. Ricky
Kenard Royster
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Def's Emergency Petition for Writ of
Certiorari to Review Order of
Superior Court of Forsyth County
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See Special
Order
02/10/05
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059P05
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Talley Eddings, M.D.
v. Southern
Orthopaedic And
Musculoskeletal
Associates, P. A.
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1. Plt's NOA Based Upon a
Constitutional Question (COA03-
1298)
2. Plt's PDR Under N.C.G.S. § 7A-31
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1. Dismissed
ex mero motu
2. Denied
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061P05
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State of North
Carolina v. Raymond
Lee Patrick, Jr.
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Def's PDR Under N.C.G.S. § 7A-31
(COA03-1320)
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Denied
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064P05
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J. Calvin Cunningham
and Lori Watson
Berger v. Cynthia B.
Sams
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1. Def's Motion for Temporary Stay
2. Def's PDR Under N.C.G.S. § 7A-
31 (COA03-1719)
3. Def's Motion to Strike
4. Def's Motion for Sanctions
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1. Allowed
02/07/05
Stay
Dissolved
03/03/05
2. Denied
3. Denied
4. Denied
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065P05
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Richard H. Robertson
and Barbara G.
Robertson v. Zoning
Board of Adjustment
for the City of
Charlotte
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Plts' PDR Under N.C.G.S. § 7A-31
(COA04-166)
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Denied
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066P05
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In the Matter of
F.M.L.W. and F.J.S.
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Respondent's (Michelle Smith ) PWC
to Review the Decision of the COA
(COA04-18)
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Denied
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068P05
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State of North
Carolina v. Joseph L.
Robinson
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Def's Pro Se Petition for Writ of
Mandamus
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Denied
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072P05
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James Reynolds,
Employee v. M&M
Contracting, Employer
and AMCOMP
Assurance Corp.,
Carrier
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Plt's PDR Under N.C.G.S. § 7A-31
(COA03-1015)
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Denied
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073P05
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Brenda Robinson v.
Richard Curtis
Gardner and Pike
Electric, Inc.
Cory R. Robinson v.
Richard Curtis
Gardner and Pike
Electric, Inc.
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Defs'(Gardner and Pike Electric) PDR
Under N.C.G.S. § 7A-31 (COA03-
1477)
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Denied
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074P05
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In Re: M.A.L.
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1. Respondent's (R.L.) PDR Under
N.C.G.S. § 7A-31 (COA04-614)
2. Respondent's (S.L. ) PDR Under
N.C.G.S. § 7A-31
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1. Denied
2. Denied
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076P05
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State of North
Carolina v. Gerald
Wayne Adams
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1004)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
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1. ---
2. Denied
3. Allowed
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077P05
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State of North
Carolina v. Joe Earl
Wilson
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1. Def's Pro Se Petition for Writ of
Habeas Corpus
2. Def's Pro Se Motion to Proceed in
Forma Pauperis
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1. Denied
2. Allowed
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078P05
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Frank Delano
Whitehead a/k/a Neal
Deon Lucas v. State of
North Carolina
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Def's Pro Se PWC
to Review Order of Superior Court of
Wake County
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Dismissed
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081P05
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Patrick Todd Bayliff
v. State of North
Carolina, Hon. J. B.
Allen, Jr.
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Plt's Pro Se PDR Under N.C.G.S. §
7A-31 (c) (COAP05-7)
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Denied
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082P05
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Dennis Michael
Elwell v. State of
North Carolina
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1. Def's Pro Se NOA (COAP04-
1182)
2. Def's Pro Se Motion for
Discretionary Review
3. Def's Pro Se Motion to Proceed in
Forma Pauperis
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1. Dismissed
ex mero motu
2. Denied
3. Allowed
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083P05
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Production Systems,
Inc. v. Amerisure
Insurance Company
and Union Insurance
Comp. a/k/a The
Chesapeake Bay
Property & Casualty
Insurance Comp.
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1. Plt's PDR Under N.C.G.S. § 7A-31
(COA04-580)
2. Def's (Amerisure Insurance Co.)
Conditional PDR Under N.C.G.S. §
7A-31
3. Def's (Union Insurance Co.)
Conditional PDR Under N.C.G.S. §
7A-31
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1. Denied
2. Dismissed
as moot
3. Dismissed
as moot
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088P05
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State of North
Carolina v. Gay
Eugene Blankenship
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Def's Pro Se PDR (COAP03-98)
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Dismissed
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089A05
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State of North
Carolina v. Steven
Christopher Burke
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1. Def's NOA Based Upon a
Constitutional Question (COA03-
1557)
2. AG's Motion to Dismiss Appeal
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1. ---
2. Allowed
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090P05
|
State of North
Carolina v. Michael
Shameek Simmons
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Def's PDR Under N.C.G.S. § 7A-31
(COA90P05)
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Denied
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091P05
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State of North
Carolina v. Bruce
Antoine Felton
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Def's PDR Under N.C.G.S. § 7A-31
(COA04-832)
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Denied
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093P05
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State of North
Carolina v. Walter
Herman Hill
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Def's PDR Under N.C.G.S. § 7A-31
(COA04-876)
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Denied
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096P05
|
State of North
Carolina v. Ward Lee
Staton
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Def's Pro Se PDR Under N.C.G.S. §
7A-31 (COA04-655)
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Dismissed
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097P05
|
State of North
Carolina v. Mujahid
Suluki
|
Def's Pro Se Motion for “Notice Of
Appeal”
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Dismissed
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099P05
|
Kathy Dianne Craven,
Employer, Plaintiff v.
VF Corp. D/B/A VF
Jeanswear Ltd.
Partnership,
Employer, Self-
Insured
Gallagher Bassett
Services, Inc.,
Administrator,
Defendants
|
1. Defs' PDR Under N.C.G.S. § 7A-
31 (COA03-1688)
2. Defs' Motion for Temporary Stay
3. Defs' Petition for Writ of
Supersedeas
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1. Denied
2. Allowed
02/17/05
Stay
Dissolved
03/03/05
3. Denied
|
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102P05
|
State of North
Carolina v. Heath
Damon Green
|
Def's Pro Se PWC to Review the
Order of Buncombe County Superior
Court
|
Dismissed
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105PA04
|
Suzanne Beatenhead
v. Lincoln County,
Lincoln County Board
of Education, Martin
Eaddy, Individually
and as a Member of
the Lincoln County
Board of Education
|
1. Def's (Martin Eddy) Petition for
Rehearing
2. Conditional Motion on N.C. School
Boards Association and the N. C.
Association of County Commissioners
to File Amicus Curiae Brief on Behalf
of Defendant-Appellants
|
1. Denied
2. Dismissed
as moot
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118P01-13
|
State of North
Carolina v. Cornelius
Tucker, Jr.
|
Def's Pro Se Petition for
Certiorari/Motion to Vacate
|
Denied
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122P05
|
State of North
Carolina v. Anthony
Jerome Jackson
|
Def's Pro Se Petition for Writ of
Habeas Corpus
|
Denied
|
123P05
|
State of North
Carolina v. Anthony
Jerome Jackson
|
Def's Pro Se Motion for “Direct
Appeal and /or Writ of Habeas
Corpus, Certiorari or Supersedeas to
the Supreme Court of North Carolina
to the Denial of his 'Writ of
Certiorari' by the North Carolina
Court of Appeals”
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Denied
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124P04
|
State of North
Carolina v. Nathaniel
Mark Upshur
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1. Def's Motion for Temporary Stay
2. Defendant's Petition for Writ of
Supersedeas
3. Def's PWC
to Review the Order of the COA
(COAP03-639)
4. AG's Petition for Writ of
Supersedeas
5. AG's PWC to Review the Decision
of the COA (COAP03-639)
6. Def's Motion to Proceed as an
Indigent
|
1. Allowed
pending
determination
of Def's PWC
03/22/04
Stay
Dissolved
03/03/05
2. Denied
3. Denied
4. Denied
5. Denied
6. Allowed
|
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126P05
|
State of North
Carolina v. Ricky D.
Dotson
|
Def's Pro Se Motion for “Application
and Writ of Habeas Corpus Ad
Testificandum”
|
Denied
03/02/05
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142A97-2
|
State of North
Carolina v. Terrance
Dion Bowman
|
Def's Pro Se Motion for Relief
|
Dismissed as
moot
|
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142PA04
|
Harry E. Stetser, et al.,
v. TAP
Pharmaceutical
Products, Inc., et al.
|
1. Motion by Def (Takeda
Pharmaceutical Co., Ltd.) to Amend
Record on Appeal
2. Motion by Def (Takeda
Pharmaceutical Co., Ltd.) to Seal
Selected Portion of Def Appellee's
Brief
|
1. Allowed
2. Allowed
|
189A95-3
|
State of North
Carolina v. Thomas
Michael Larry
|
1. Def's PWC to Review the Order of
the Superior Court
2. Def's Alterative Motion to Defer
Consideration of the PWC Pending
Resolution of Similar Issues in the
Direct Appeal of State v. Walters
3. Def's Motion to Defer
Consideration of the PWC Pending
Resolution of Similar Issues in the
Direct Appeal of State v. Poindexter
4. Def's Motion to Supplement PWC
|
1. Denied
2. Denied
3. Denied
4. Allowed
|
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232A04
|
Howard C. Jones, et
al. v. Robert Wayne
Davis, et al.
|
1. Plts' (Jones, Southland, Mr. & Mrs.
Bowers and Mr. & Mrs. Sammons)
NOA based upon a Dissent (COA03-
594)
2. Def's (Surry County) PWC to
Review the Decision to the COA
3. Defs' (Mr & Mrs. Davis and Mr. &
Mrs. Allred) Motion to Dismiss
Appeal
|
1. ---
10/06/04
2. Allowed
10/06/04
3. Dismissed
as moot
03/03/05
|
365P04
|
State of North
Carolina v. Anthony
Dwayne Burrell and
Rodney Matthew
Burrell
|
1. Def's (Anthony) NOA Based Upon
a Constitutional Question
2. Def's (Anthony) PDR Under
N.C.G.S. § 7A-31 (COA03-989)
3. AG's Motion to Dismiss Appeal
4. Def's (Rodney) PDR Under
N.C.G.S. § 7A-31
|
1. ---
2. Denied
3. Allowed
4. Denied
|
444P98-3
|
State of North
Carolina v. Samuel
Wayne Guy
|
Def's Pro Se Petition for Writ of
Mandamus
|
Denied
|
448P04
|
In Re: The Adoption
of Baby Girl
Anderson
|
1. Petitioners' (unidentified adoptive
parents) PDR Under N.C.G.S. § 7A-
31 (COA03-651)
2. Respondent's (Father) Conditional
PDR
|
1. Allowed
2. Allowed
|
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471P04
|
Susan Owens v. Wal-
Mart Stores, Inc. and
American Home
Assurance Company
|
Def's PDR Under N.C.G.S. § 7A-31
(COA03-975)
|
Denied
|
|
485PA04
|
State of North
Carolina v. Levar
Jamel Allen
|
Def's Motion for Appropriate Relief
|
See Special
Order
02/11/05
|
|
511P04
|
Anthony Dove v.
Debra H. Speller
(Formerly Dove)
|
Plt's Pro Se PDR
|
Denied
|
|
523P04
|
Hector Diaz v.
Division of Social
Services and Division
of Medical Assistance,
N.C. Department of
Health and Human
Services
|
1. Respondent's Motion for
Temporary Stay
2. Respondent's Petition for Writ of
Supersedeas
3. Respondent's PDR Under
N.C.G.S. § 7A-31 (COA03-1151)
4. Petitioner's Conditional PDR
|
1. Allowed
pending
determination
of Def's PDR
10/13/04
2. Allowed
3. Allowed
4. Allowed
|
|
525P04
|
Sylvia U. Cook,
Widow, Emily L.
Cook, Daughter , and
Tyan D. Cook, son of
Roscoe D. Cook v.
Watson Electrical
Construction Comp.
and C.N.A. Insurance
Comp.
|
1. Plt's PDR Under N.C.G.S. § 7A-31
(COA03 - 456)
2. Plt's Alternative PWC
|
1. Denied
2. Denied
|
|
529P04
|
N.C. Department of
Transportation v.
Stagecoach Village
|
Plt's PDR Under N.C.G.S. § 7A-31
(COA03-1026)
|
Allowed
|
|
549P04
|
State of North
Carolina v. Alfred
Odom
|
1. Def's NOA Based Upon a
Constitutional Question (COA03-600)
2. Def's PDR Under N.C.G.S. § 7A-
31
|
1. Dismissed
ex mero motu
2. Denied
|
|
557P04
|
Robert W. Clark and
Debra L. Clark v.
Bobby Lee McArthur,
Deborah H.
McArthur, et al.
|
Defs'( Bobby Lee McArthur and
Deborah H. McArthur) PWC to
Review Order of COA (COAP04-
763)
|
Denied
|
|
566P04
|
Elijah A. Ball v. State
of North Carolina
|
1. Plt's Pro Se NOA
2. Plt's Request for Delayed Appeal
|
1. Dismissed
ex mero motu
2. Dismissed
|
|
573A04
|
Eunice C. Eckard,
Executrix of The
Estate of Steven
Vincent Eckard,
Deceased, and State of
North Carolina, Ex
Rel Eunice C. Eckard
v. Chanae Evon
Smith, et al.
|
Plt's (Eunice C. Eckard) NOA
(Dissent)
1. Plt's (Eunice C. Eckard ) PDR as to
Additional Issues
|
1. Denied
|
|
577P04
|
State of North
Carolina v. Antoine
Denard Young
|
1. Def's PDR Under N.C.G.S. § 7A-
31 (COA03-257)
2. AG's Motion to Deem Response
Timely Filed
|
1. Denied
2. Allowed
|
|
591P04
|
State of North
Carolina v. Russell
Ellis Roberts
|
1. Def's NOA Based Upon a
Constitutional Question (COA03-
1424)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal for
Lack of Substantial Constitutional
Question
|
1. ---
2. Denied
3. Allowed
|
|
607P04
|
In Re: M.R.D.C.
|
Petitioner's (Wilkes County
Department of Social Services) PDR
Under N.C.G.S. § 7A-31 (COA04-2)
|
Denied
|
|
611P04
|
Robert M. Ward,
Employee, Plaintiff v.
Wake County Board
of Education , and
Carolina Sunrock
Corp., Employers,
Defendant, North
Carolina School
Boards Insurance
Trust and ITT
Hartford; Carrier,
Defendants
|
Def's (Wake Co. Board of Education )
PDR Under N.C.G.S. § 7A-31
(COA03-1578)
|
Denied
|
|
631P04
|
State of North
Carolina v. Kenneth
Eugene Whittenburg
|
1. Def's NOA Based Upon a
Constitutional Question (COA03-
1267)
2. Def's PDR Under N.C.G.S. § 7A-
31
3. AG's Motion to Dismiss Appeal
|
1. ---
2. Denied
3. Allowed
|
|
640P04
|
Lester Daniel Bryson
and John Frank
Bowen v. State AG
Roy Cooper and State
Superior Court Judges
Robert P. Johnston
and Forrest D. Bridges
|
Plts' Pro Se NOA Based Upon a
Constitutional Question (COA03-
1484)
|
Dismissed ex
mero motu
|
|
642A04
|
Charlie Lee
Richardson v. N.C.
Department of Public
Instruction and State
Board of Education
|
Plt's Pro Se Motion for
Reconsideration
|
Dismissed
|
|
643P04
|
Ray Richard Perry v.
State of North
Carolina
|
Plt's Pro Se PWC to Review Order of
COA (COAP04-1021)
|
Dismissed
|