SUPREME COURT OF NORTH CAROLINA

PETITIONS

4 February 1999

{Posted on Web: 5 February 1999}

COMMON ABBREVIATIONS
Abbreviation Full Term
NOA Notice of Appeal
Def Defendant
Plt Plaintiff
PDR Petition for Discretionary Review
Cert Certiorari
AG Attorney General

11P99* Performance v. Lamba (1) Motion for Temp. Stay (1) Allowed 1/15
120A92 -3 State v. Rouse Def's Pet. for Writ of Cert. Denied
14P99* State v. Barrett (1) AG's Motion for Temp. Stay

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

(3) AG's PDR

(1) Denied 1/20/99
178PA98 Dunkley v. Shoemate NCATL's Motion for Leave to File Amicus One Day Out of Time Allowed

1/7/99

182A92 -2 State v. Rose Def's PWC Denied
188A98 Marcus Bros. v. Price Waterhouse, et al D-Appellant's Motion for Leave to File Record of US Bankruptcy Court Denied

1/28/99

215A96 -2 State v. Legrande Plt's Pro Se Pet. for Writ of Habeas Corpus Denied
215A96 -3 State v. Legrande (1) Plt's Pro Se Motion for Judgment and Settlement on Pet. for Writ of Habeas Corpus

(2) Plt's Pro Se Motion for Order of Release on Pet. for Writ of Habeas Corpus

(1) Denied

(2) Denied

232A95 -2 State v. Richardson (1) Def's Pet. for WofC to Review Order of Superior Court

(2) State's Motion to Amend Response to Pet's Interlocutory PWC

(1) Allowed for the limited purpose of remanding to the superior court granting def/petitioner's motion for discovery

(2) Allowed

271PA98 Sara Lee v. Carter (1) Def's Motion to Amend the Record

(2) Plt's Motion to Strike

(3) Def's Motion to Strike

(1) Denied 1/27

(2) Court directs D's atty to show cause at/before oral arg. why appendix in def's new brief should not be stricken 1/27/99

(3)Court direct plt's atty to show cause at/before oral arg. as to why fn.5 & any ref. to it should not be stricken from plt's brief 1/27/99

30A81-3 State v. Brown State's Request for Reconsideration

of Orders Denying State's pet. for

Writs of Supersedeas and Prohibition and Motion for Temp. Stay

Dismissed

1/25/99

30A81-3 State v. Brown a/k/a

Dawud Abdullah Muhammed

(1) AG's Motion to Vacate Stay of Execution

(2) AG's Motion for Temp. Stay

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

(4) AG's Pet. for Writ of

Prohibition

(5) AG's Pet. for Writ of Cert. to

Review Order of Superior Court

(1) Denied

1/15/99

(2) Denied 1/19/99

(3) Denied 1/19/99

(4) Denied 1/19/99

(5) Denied 1/19/99

329P98 State v. City of Raleigh, Judges et al (1) Plt's Pro Se Pet. for Writ of Cert.

(2) Plt's Pro Se Motion to Supplement Discovery

(3) Plt's Pro Se Motion to Amend the Petition for Writ of Cert for One of Chain/Civil Conspiracy

(1) Denied

(2) Denied

(3) Denied

341P98 Calhoun v. Wayne Dennis Heating & Key Risk Mgt. Defs' PDR Allowed

MARTIN, J. RECUSED

365P98 State v. Jordan Def's PWC to Review COA Denied
376P98 Richardson v. Miller Defs' PDR Denied

MARTIN, J. RECUSED

378P98 State v. Williams Def's Pro Se PWC to Review COA decision Denied
385A84 -5 State v. Green Def's Motion for Stay of Execution Allowed

2/1/99

385A97 State v. Hamilton (1) Def's Pro Se Motion to Dismiss App. Counsel

(2) Def's Pro Se Motion to Suspend Any and All Hearings & Rulings Pending Court Review

(3) Def's Motion to Correct Errata in Brief on Appeal

(1) Denied

(2) Denied

(3) Allowed

399P98 Scott v. UCB Def's (UCB) PDR Denied
401P98 Koontz v. Davidson Co. Bd. of Adjust. Frank's Motion to Withdraw as Counsel for Davidson Co. Bd. of Adjustment Allowed

1/7/99

MARTIN, J.

RECUSED

404P98 State v. Arellano Def's Pro Se PWC Denied
406P98 State v. Boykin Def's PWC Denied
415P98 Mitchell v. Taylor Plt's PWC to Review COA Decision Denied
416P98 Kiousis v. Kiousis et al Defs' PDR Denied
417A95 -2 State v. Munsey Def's Motion to Amend Def's Second Motion for Appropriate Relief Allowed and remanded to Superior Court.

1/27/99

417P98 State v. Feimster Def's PDR Denied

MARTIN, J. RECUSED

418A98 State Waddell (1) Def's NOA Based on Dissent

(2) Def's NOA Based on Const. Ques.

(3) AG's Motion for Ext. of Time

(4) AG's Motion to Dismiss Def's Appeal of Right

(5) AG's Motion to Dismiss Def's Appeal Based on Const. Ques.

(6) Def's Motion to Stay Time for Filing Def's New Brief

(1)

(2)

(3) Allowed

(4) Denied

(5) Denied

(6) Allowed 10/19/98; stay dissolved & def's new brief is due on or before 4 March 1999.

428P98 In the Matter of the Will of Calvin H. Buck Caveator's PDR Allowed
432P98 Estates v. Chapel Hill and Carpenter, et al (1) Intervenors' PDR

(2) Pets' Conditional PDR as to Additional Issues

(1 )Denied

(2) Denied

MARTIN, J. RECUSED

442P98 State v. Dove (1) AG's PDR

(2) AG's Motion to Withdraw PDR

(1) Moot

(2) Allowed 1-7-99

447P98 State v. Lomick (1) Def's NOA Based Upon Const. Question

(2) Def's PDR

(3) AG's Motion to Dismiss Appeal

(1) Dismiss as Moot

(2) Denied

(3) Allowed

449A98 Brown v. Renaissance v. Brown (1) Plts' & 3rd Party Def's NOA

(2) Def's Motion to Dismiss

(3) Def's Conditional PDR as to Add'l Issues

(1)

(2) Allowed

(3) Denied. This Court ex mero motu grants a writ of certiorari for one issue based on the dissenting opinion: whether the COA erred by affirming the trial court's dismissal of plts' claim in view of the trial court's failure to address whether George W. Brown, Jr. acted within the scope of his authority when he executed the two notes.

450P98 Brocker v. Perdue Farms Plt's PDR Denied
451P98 Hoots v. Lokey Def's PDR Denied
452P98 State v. Beddingfield Def's PWC Denied
458P98 Fender & Rebuildable Cars v. Deaton Def's PDR Denied

PARKER, J.

RECUSED

459P98 Felmet v. Duke Power Plt's PDR Denied
460P98 State v. Wright Def's Pro Se PDR Denied
462P98 Concord v. McClamrock Def's Pro Se Motion to Reconsider Complaint of Judicial Misconduct and Motion to Move Subject Case to Jurisdiction of NC Supreme Court Dismissed
465P98 Brewer v. Cabarrus Plastics Def's PDR Denied
473P98 Wilson v. Donayre, M.D. Plt's PDR Under G.S. 7A-31 Denied

MARTIN, J.

RECUSED

477P98 State v. Easterling Def's PWC to Review Order of Superior Court Denied
488P98 Everett v. Sara Lee Plt's PDR Denied
491P98 State v. Chatham Def's PDR Denied
494P98 Openshaw v. Buxton Chropractic Clinic and Nationwide Ins. Co. Plt's PWC to REview Decision of NC COA Denied
503P98 Whitley v. Whitley Plt's PDR Denied
511P94 Lin v Lin Plt's PWC. Denied
513P98 State v. Messer Def's PDR Prior to Determination by NC COA Denied
514P98 Webb et al v. Berryman Plts' PDR Denied
518P98 State v. Mosby Def's Pro Se PWC to Review Order of Superior Court Denied

MARTIN, J. RECUSED

520P98 State v. Worthington Def's Pro Se PWC Denied
522P98 State v. Green Def's pro Se Motion for Appropriate Relief Dismissed

526P98 In Matter of: Robinson Caveator's PDR Denied
527P98 Leonard et al v. Lowe's Home Center Plts' PDR Denied
542P98 Moseley v. Blythe and Alexsis Defs' PDR Denied
544P98 Sanders v. Broyhill Def's PDR Denied
545P98 State v. Worney (1) Def's NOA Based Upon Const. Question

(2) Def's PDR

(3) AG's Motion to Dismiss Appeal

(1) Denied

(2) Denied

(3) Allowed

MARTIN, J. RECUSED

548P98 In re Declaratory Ruling

Durham Co. v. NCDENR

Plt's PDR Denied
550P98 State v. Cherry Def's Pet. for WofC Allowed
553P98 State v. Brock Def's Pro Se PWC Denied
555P98 Bowers v. Thomasville (1) Pets/Appellants' PDR as to Sewer Annex Service Plan

(2) Res/Appellee's PDR as to Disparate Water Price Issue

(3) Res/Appellee's PDR as to Farm Use Tax Exempt Property

(1) Denied

(2) Denied

(3) Denied

MARTIN, J. RECUSED

557P98 Thorn v. Scherrer Plt's PDR Denied

MARTIN, J. RECUSED

577A97 State v. Cheek Def's Motion to Amend Record on Appeal Allowed
578A97* State v. Hedgepeth Def's Motion to Amend Record on Appeal Allowed

2/1/99

613PA97* Frye Regional v. Hunt (1) Def/App & Intervenor/App Requesting the Court take Judicial Notice

(2) Intervenor's Motion to Strike

(3) Intervenor's Motion for Extension. of Time to File Brief

(4) Plt-Appellee's Motion to add to Record on Appeal

(1) Denied

2/4/99

(2) Dismissed as Moot 2/4/99

(3) Allowed 6/24/98

(4) Denied 2/4/99

7P99 O'Brien v. O'Brien Plt's PDR Denied

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