North Carolina Cases ©   Coverage   Help   Search Westlaw   Topic: AllBusiness Organizations LawCivil RightsCriminal JusticeEducationEnergyEnvironmental LawEstate Planning & ProbateFamily LawGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentPension & Retirement BenefitsReal PropertyTaxationTort LawWorkers Compensation NORTH CAROLINA DEPARTMENT OF REVENUE, Petitioner, v. BILL DAVIS RACING, Respondent. , N.C.App., November 17, 2009 Appeal by respondent from order entered 9 July 2008 by Judge James E. Hardin, Jr., in Wake County Superior Court. Heard in the Court of Appeals 22 April 2009. Attorney General Roy Cooper, by Assistant Attorney General Tenisha S. Jacobs for petitioner. Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by William G. McNairy and Elizabeth V. LaFollette for respondent. ERVIN, Judge. Bill Davis Racing (Respondent) appeals from an order entered 9 July 2008 reversing the Tax Review Boa... STATE of North Carolina v. Michael Eugene PRICE. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered 14 November 2008 by the Honorable Ronald K. Payne in Jackson County Superior Court. Heard in the Court of Appeals 16 September 2009. Attorney General, Roy Cooper, by Assistant Attorney General Harriet F. Worley, for the State. Appellate Defender, Staples Hughes, by Assistant Appellate Defender Charlesena Elliott Walker, for defendant-appellant. STEELMAN, Judge. Where the defendant failed to object to the trial court's decision not to invest... Sheryl BOYLAN, Employee, plaintiff, v. VERIZON WIRELESS, Employer, Sedgwick CMS, Carrier, Defendants. , N.C.App., November 17, 2009 Appeal by defendants and cross-appeal by plaintiff from Opinion and Award entered 9 December 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 13 October 2009. The Hodgman Law Firm, by Heather Hodgman Jahnes and Robert S. Hodgman, for plaintiff cross-appellant. Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Vachelle Willis and Dana C. Moody, for defendant-appellants. BRYANT, Judge. Employer Verizon Wireless and insurance carrier Sedgwick CMS, colle... DUPLIN COUNTY BOARD OF EDUCATION, Plaintiff, v. DUPLIN COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant. , N.C.App., November 17, 2009 Appeal by Defendant from judgment entered 9 October 2008 by Judge Thomas D. Haigwood in Duplin County Superior Court. Heard in the Court of Appeals 1 October 2009. Schwartz & Shaw, P.L.L.C., by Brian C. Shaw and Richard Schwartz, for Plaintiff-Appellee. The Yarborough Law Firm, P.A., by Garris Neil Yarborough; and Wendy Sivori, for Defendant-Appellant. BEASLEY, Judge. Defendant appeals from a judgment ordering appropriation of $4,795,784.00 to the Plaintiff's local current expense f... Nancy HENSLEY, Diane Kent, and Clean Water for North Carolina, Inc ., Petitioners-Appellants, v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Division of Land Resources, Respondent-Appellee, and Mountain Air Development Corpora, N.C.App., November 17, 2009 Appeal by Petitioners from order entered 2 July 2008 by Judge Osmond Smith in Superior Court, Wake County. Heard in the Court of Appeals 6 May 2009. Southern Environmental Law Center, by J. Blanding Holman, IV, Julia F. Youngman, and Geoffrey R. Gisler, for Petitioners-Appellants. Attorney General Roy Cooper, by Assistant Attorney General Edwin Lee Gavin II and Assistant Attorney General Sueanna P. Sumpter, for Respondent- Appellee. Smith Moore Leatherwood, LLP, by Ramona Cunningham O'B... CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, Duke University Medical Center, Mission Hospitals, Inc. Moses Cone Health System, North Carolina Baptist Hospital, Wakemed Medical Center, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVIC, N.C.App., November 17, 2009 Appeal by plaintiffs from an order entered 17 September 2008 by Judge Orlando F. Hudson, Jr. in Wake County Superior Court. Heard in the Court of Appeals 19 August 2009. Ott Cone & Redpath, P.A., by Thomas E. Cone, for plaintiffs-appellants. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Gerald K. Robbins and Assistant Attorney General Brenda Eaddy, for defendants-appellees. JACKSON, Judge. Charlotte-Mecklenburg Hospital Authority; Duke University Medical C... STATE of North Carolina v. Donald Kevin WASHBURN, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered 17 September 2008 by Judge William Z. Wood, Jr. in Forsyth County Superior Court. Heard in the Court of Appeals 31 August 2009. Roy Cooper, Attorney General, by Grady L. Balentine, Jr., Special Deputy Attorney General, for the State. A. Wayne Harrison, for defendant. MARTIN, Chief Judge. Defendant was indicted on charges of felony possession of cocaine pursuant to N.C.G.S. § 90-95(d)(3), possession of drug paraphernalia pursuant to N.C.G.S... Jessica HARDY, a minor, by and through her parent, Gail HARDY, and Viktoria King, a minor, by and through her parent, Revondia Harvey-Barrow, Petitioners- Appellants v. BEAUFORT COUNTY BOARD OF EDUCATION, Respondent-Appellee. In re Roberts, 150 N, N.C.App., November 17, 2009 Appeal by petitioners from orders entered 16 September 2008 by Judge William C. Griffin, Jr. in Beaufort County Superior Court. Heard in the Court of Appeals 1 September 2009. Advocates for Children's Services, Legal Aid of North Carolina, Inc., by Erwin Byrd and Lewis Pitts; and Children's Law Clinic, Duke University School of Law, by Jane Wettach, for the petitioners-appellants. Tharrington Smith, L.L.P., by Curtis H. Allen III and Robert M. Kennedy, Jr., for defendant-appellees. Rob... Gloria WOODARD, Petitioner, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent. , N.C.App., November 17, 2009 Appeal by Petitioner from judgment entered 25 November 2008 by Judge Howard E. Manning, Jr., in Wake County Superior Court. Heard in the Court of Appeals 3 September 2009. Schiller & Schiller, PLLC, by David G. Schiller, for Petitioner-Appellant. Attorney General Roy Cooper, by Special Deputy Attorney General Neil Dalton, for Respondent-Appellee. BEASLEY, Judge. Petitioner (Gloria Woodard) appeals from the trial court's order, which affirmed an order of the State Personnel Commissio... TANDS, INC., Plaintiff, v. COASTAL PLAINS REALTY, INC., Defendant. , N.C.App., November 17, 2009 Appeal by plaintiff from order entered 17 June 2008 by Judge Paul L. Jones in Lenoir County Superior Court. Heard in the Court of Appeals 26 February 2009. White & Allen, P.A., by John P. Marshall, for plaintiff-appellant. Hopf & Higley, P.A., by Donald S. Higley, II, for defendant-appellee. JACKSON, Judge. Tands, Inc. ("plaintiff") appeals the 17 June 2008 order denying its motion for partial summary judgment and granting partial summary judgment in favor of Coastal Plains Realty, ... Nicole HENSEY, Plaintiff, v. Mark HENNESSY, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from orders entered 19 November 2007 by Judge Leonard W. Thagard, and 10 March 2008 and 21 April 2008 by Judge Henry L. Stephens, IV, in Onslow County District Court. Heard in the Court of Appeals 6 May 2009. Lana S. Warlick, for plaintiff-appellee. Wyrick Robbins Yates & Ponton LLP, by K. Edward Greene and Tobias S. Hampson, for defendant-appellant. STROUD, Judge. Defendant appeals from a 19 November 2007 ex parte domestic violence order of protection, 10 March ... STATE of North Carolina v. Joshua Scott REMLEY, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered on or about 14 May 2008 and 9 June 2008 by Judge Jerry R. Tillett in Superior Court, Pitt County. Heard in the Court of Appeals 9 June 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Stanley G. Abrams, for the State. Richard E. Jester, for defendant-appellant. STROUD, Judge. Defendant was convicted by a jury of 10 counts of breaking or entering a motor vehicle and 8 counts of larceny. Defendant appeals, arguing the... STATE of North Carolina v. Eddie James WILLIAMS, III. , N.C.App., November 17, 2009 Appeal by Defendant from judgment entered 8 May 2008 by Judge Paul G. Gessner in Guilford County Superior Court. Heard in the Court of Appeals 18 August 2009. Attorney General Roy A. Cooper, by Assistant Attorney General W. Wallace Finlator, Jr., for the State. Hartsell & Williams, P.A., by Christy E. Wilhelm, for Defendant. BEASLEY, Judge. Eddie James Williams (Defendant) appeals from judgment entered on his convictions of three charges of first-degree burglary, seven charges of ro... STATE of North Carolina v. Isiah NMN DIXON, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered on or about 8 October 2008 by Judge Douglas B. Sasser in Superior Court, Columbus County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General W. Richard Moore, for the State. Kathryn L. VandenBerg, for defendant-appellant. STROUD, Judge. Defendant Isaiah Dixon appeals from judgments entered upon his convictions for assault with a deadly weapon with intent to kill inflicting... David P. ROSE and Kay-Ann Rose, Plaintiffs, v. Jeffery Scott FORESTER, D.M. Bowman, Inc., Karen L. Sherwin and Thomas E. Turner, Defendants. , N.C.App., November 17, 2009 Appeal by Defendant D.M. Bowman, Inc. from judgment entered 6 November 2008 and order signed 15 December 2008 by Judge W. David Lee in Iredell County Superior Court. Heard in the Court of Appeals 1 October 2009. Leslie C. Rawls and Mauriello Law Offices, by Christopher D. Mauriello, for Plaintiffs. Smith Moore Leatherwood LLP, by Manning A. Connors and James R. Faucher, for Defendant D.M. Bowman, Inc. STEPHENS, Judge. I. Procedural History and Factual Background The facts in this cas... STATE of North Carolina v. James Daniel GARRETT, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered on or about 21 August 2008 by Judge James W. Morgan in Superior Court, Cleveland County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General David Gordon, for the State. Michael E. Casterline, for defendant-appellant. STROUD, Judge. James Daniel Garrett ("defendant") appeals from judgment entered upon his conviction for first degree statutory rape. Defendant contends the trial cou... STATE of North Carolina v. Dustin Carrol THREATTE, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered on or about 27 August 2008 by Judge Michael Beale in Superior Court, Iredell County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Catherine F. Jordan, for the State. Bryan Gates, for defendant-appellant. STROUD, Judge. Dustin Carrol Threatte ("defendant") appeals from judgments entered upon his convictions for second-degree kidnapping, common law robbery, and habitual mis... In the Matter of N.S.H. , N.C.App., November 17, 2009 Appeal by respondent-juvenile from orders entered 21 August 2008 and 30 October 2008 by Judge Monica H. Leslie and Judge Danny E. Davis in Macon County District Court. Heard in the Court of Appeals 30 September 2009. Attorney General Roy A. Copper, III, by Assistant Attorney General Daniel S. Hirschman, for the State. Richard Croutharmel, for respondent-juvenile-appellant. JACKSON, Judge. N.S.H. appeals the 30 October 2008 order adjudicating him delinquent for breach of the peace. ... In the Matter of A.M., J.M. , N.C.App., November 17, 2009 Appeal by respondents from order entered 28 January 2009 by Judge Beverly Scarlett in Chatham County District Court. Heard in the Court of Appeals 7 September 2009. Lisa W. Reynolds, P.C., by Lisa W. Reynolds; and Northen Blue, LLP, by Carol J. Holcomb, for petitioner-appellee. Carol Ann Bauer for respondent-appellant mother. David A. Perez for respondent-appellant father. N.C. Administrative Office of the Courts, by Appellate Counsel Pamela Newell Williams, for guardian ad litem. ... In the Matter of K.N.M. , N.C.App., November 17, 2009 Appeal by respondents from an order entered 31 March 2009 by Judge Amber Davis in Dare County District Court. Heard in the Court of Appeals 5 October 2009. Sharp, Michael, Graham & Evans, L.L.P., by Steven D. Michael, for petitioner-appellee, Dare County Department of Social Services. Pamela Newell Williams for respondent-appellee Guardian ad Litem. Windy H. Rose for respondent-appellant mother. Sofie W. Hosford for respondent-appellant father. ELMORE, Judge. Respondent-mother... In the Matter of D.A.A. and A.M.F. , N.C.App., November 17, 2009 Appeal by respondents from orders entered 4 March 2009, nunc pro tunc to 9 January 2009, by Judge Jeffrey E. Noecker in New Hanover County District Court. Heard in the Court of Appeals 19 October 2009. Virginia R. Hager, for petitioner-appellee. Lisa Skinner Lefler, for respondent-appellant mother. Lucas & Ellis, PLLC, by Anna S. Lucas, for respondent-appellant father. Pamela Newell Williams, for Guardian ad Litem. ERVIN, Judge. Amanda H. (Respondent Mother) and Manuel F. (Res... STATE of North Carolina v. James Marion MASSEY, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered 3 November 2008 by Judge J. Gentry Caudill in Superior Court, Mecklenburg County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Thomas R. Miller, for the State. James N. Freeman, Jr., for defendant-appellant. STROUD, Judge. Defendant James Massey appeals from judgments entered after a jury found him guilty of three counts of robbery with a dangerous weapon and he pled... STATE of North Carolina v. Adam Wade OWENS. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered 6 August 2008 by Judge James C. Spencer in Wake County Superior Court. Heard in the Court of Appeals 29 September 2009. Attorney General Roy Cooper, by Agency Legal Specialist Lindsey L. Deere and Deputy Director, VCS section, Caroline Farmer, for the State. William D. Spence, for defendant-appellant. CALABRIA, Judge. Adam Wade Owens ("defendant") appeals a judgment entered upon jury verdicts finding him guilty of felony forgery, attempted u... STATE of North Carolina v. Timothy Randolph WILLIAMS, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered 28 August 2008 by Judge E. Lynn Johnson in Superior Court, Columbus County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Susannah B. Cox, for the State. Greene & Wilson, P.A., by Thomas Reston Wilson, for defendant-appellant. STROUD, Judge. On 7 February 2007, defendant Timothy Randolph Williams ("defendant") was indicted for two counts of first degree statutory rape pursu... STATE of North Carolina v. Donovan Patrick WILLIAMS, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered on or about 22 August 2008 by Judge Clifton W. Everett, Jr. in Superior Court, Pitt County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Susannah P. Holloway, for the State. Sue Genrich Berry, for defendant-appellant. STROUD, Judge. Donovan Patrick Williams ("defendant") appeals from judgments entered 22 August 2008 pursuant to his guilty plea to possession of a firearm b... STATE of North Carolina v. Julius Santez WILLIAMS. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered 15 December 2008 by Judge Edgar B. Gregory in Wilkes County Superior Court. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Thomas J. Pittman, for the State. Sofie W. Hosford, for defendant-appellant. JACKSON, Judge. Julius Santez Williams ("defendant") appeals the 15 December 2008 order imposing satellite-based monitoring ("SBM") based on his right to be free from doubl... STATE of North Carolina v. Marcus HARDEN, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered on or about 29 October 2008 by Judge Clifton E. Johnson in Superior Court, Mecklenburg County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Marc X. Sneed, for the State. Michele Goldman, for defendant-appellant. STROUD, Judge. Upon review of an appeal pursuant to Anders v. California, 386 U.S. 738, 744, 18 L.Ed.2d 493, 498,reh'g denied,388 U.S. 924, 18 L.Ed.2d 1377 (1967) a... STATE of North Carolina v. Alvin (NMN) HART, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered on or about 3 December 2008 by Judge Paul L. Jones in Superior Court, Lenoir County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Rufus C. Allen, for the State. Mary McCullers Reece, for the defendant-appellant. STROUD, Judge. Defendant Alvin Hart appeals from the judgments revoking his probation and activating the sentences originally imposed for impaired driving, misdeme... In the Matter of G.W., A Minor Child. , N.C.App., November 17, 2009 Appeal by respondent father from orders entered 4 March and 1 April 2009 by Judge Samuel G. Grimes in Washington County District Court. Heard in the Court of Appeals 19 October 2009. Richard E. Jester, for respondent-appellant father. J. Edward Yeager, Jr., for petitioner-appellee Washington County Department of Social Services. Deana K. Fleming, for the Guardian ad Litem to the respondent-appellee minor child. ERVIN, Judge. Billy ("respondent father") and Kathy W. (collectively,... In the Matter of M.T. , N.C.App., November 17, 2009 Appeal by respondent from order entered 26 June 2008 and amended 20 March 2009 by Judge Susan E. Bray in Guilford County District Court. Heard in the Court of Appeals 12 October 2009. Mercedes O. Chut, for petitioner-appellee Guilford County Department of Social Services. Janet K. Ledbetter, for respondent-appellant mother. STEELMAN, Judge. Where the trial court failed to follow the previous mandate of this Court and failed to make adequate findings of fact as to whether respondent'... Kristen M. LINDSEY, Plaintiff. v. Daniel H. LINDSEY, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from order entered 9 June 2008 by Judge J.H. Corpening, II in New Hanover County District Court. Heard in the Court of Appeals 20 May 2009. No brief filed on behalf of plaintiff-appellee. Pennington & Smith, PLLC, by Kristy J. Jackson, for defendant-appellant. GEER, Judge. Defendant Daniel H. Lindsey appeals the domestic violence protective order ("DVPO") granted to plaintiff Kristen M. Lindsey. Previously, in New Jersey state court, plaintiff requested and obta... STATE of North Carolina v. Anna Margaret BATTLE, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered 29 May 2008 by Judge Thomas D. Haigwood in Wayne County Superior Court. Heard in the Court of Appeals 20 May 2009. Attorney General Roy Cooper, by Assistant Attorney General Terence D. Friedman, for the State. Mills & Economos, L.L.P., by Larry C. Economos, for defendant-appellant. GEER, Judge. Defendant Anna Margaret Battle appeals her conviction of 18 counts of embezzlement from her former employer, Cato Stores, Inc. In her sole argument ... STATE of North Carolina v. Robert Donnell JOHNSON, Jr., Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgments entered 27 August 2008 by Judge Gregory A. Weeks in Harnett County Superior Court. Heard in the Court of Appeals 20 May 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Jennie Wilhelm Hauser, for the State. Cheshire, Parker, Schneider, Bryan & Vitale, by John Keating Wiles, for defendant-appellant. GEER, Judge. Defendant Robert Donnell Johnson, Jr. appeals his convictions of attempted first degree rape, first degree kidnapping,... Walker Lee ALLEN, III, Plaintiff. v. Allison Elizabeth ALLEN, Defendant. , N.C.App., November 17, 2009 Appeal by defendant from order entered 26 September 2008 by Judge Rodney R. Goodman in Pitt County District Court. Heard in the Court of Appeals 19 August 2009. J. Randal Hunter, for plaintiff-appellee. Mills & Economos, L.L.P., by Cynthia A. Mills, for defendant-appellant. HUNTER, ROBERT C., Judge. Allison Elizabeth Allen ("defendant") appeals the district court's 26 September 2008 Custody Order in which Walker Lee Allen, III ("plaintiff") was awarded permanent custody of the parti... STATE of North Carolina v. Vilma SN MIRJAH. , N.C.App., November 17, 2009 On defendant's writ of certiorari from judgments entered nunc pro tunc 19 September 2006 by Judge Edgar B. Gregory in Wilkes County Superior Court. Heard in the Court of Appeals 11 June 2009. Attorney General Roy Cooper, by Assistant Attorney General Kathleen N. Bolton, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Katherine Jane Allen, for defendant-appellant. CALABRIA, Judge. Vilma Mirjah ("defendant") appeals an order correcting judgments ente... STATE of North Carolina v. Shawn LEDERER-HUGHES. , N.C.App., November 17, 2009 Appeal by defendant from judgment and order entered 18 August 2008 by Judge Ripley E. Rand in Wake County Superior Court. Heard in the Court of Appeals 3 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Peter A. Regulski, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Kristen L. Todd, for defendant appellant. HUNTER, JR., ROBERT N., Judge. On 18 August 2008, Shawn Lederer-Hughes ("defendant") was convicted by a jury of fi... STATE of North Carolina v. Otha GILL, Jr., Defendant. , N.C.App., November 17, 2009 Appeal by defendant from judgment entered on or about 11 January 2008 by Judge Christopher M. Collier in Superior Court, Rowan County. Heard in the Court of Appeals 26 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Robert K. Smith, for the State. Appellate Defender Staples Hughes, by Assistant Appellate Defender Emily H. Davis, for defendant-appellant. STROUD, Judge. Defendant appeals from judgment consistent with jury verdicts finding him guilty o... Re: STATE v. Mario Lynn PHILLIPS. , N.C., November 10, 2009 Barbara S. Blackman, Assistant Appellate Defender, for Phillips. Anne Gomez, Assistant Appellate Defender, for Phillips. Robert Montgomery, Special Deputy Attorney General, for State of NC. Michael Parker, District Attorney. The following order has been entered on the motion filed on the 5th of November 2009 by State of NC for Extension of Time to File Brief: "Motion Allowed. State of NC shall have up to and including the 23rd day of November, 2009 to file and serve his brief wit... STATE of North Carolina v. Kenneth D. BOBBITT. , N.C., November 10, 2009 Kenneth D. Bobbitt, for Bobbitt. Daniel P. O'Brien, Assistant Attorney General, for State of NC. Robert F. Johnson, District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 8th of April 2009 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed by order of the Court in conference, this the 5th of November... STATE of North Carolina v. Gavino MENDOZA. , N.C., November 10, 2009 Gavino Mendoza, for Mendoza, Gavino. Derrick C. Mertz, Assistant Attorney General, for State of North Carolina. Robert A. Evans, Jr., District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 23rd of September 2009 in this matter for a writ of certiorari to review the order of the Superior Court, Nash County, the following order war entered and is hereby certified to the Superior Court of that County: "Dismissed by order of the Court in conference, this th... STATE v. Kenneth Bernard ROUSE. , N.C., November 9, 2009 M. Gordon Widenhouse, Jr., for Rouse. Robert Manner Hurley, for Hurley. Edwin W. Welch, Special Deputy Attorney General, for State of NC. Garland N. Yates, District Attorney. The following order has been entered on the motion filed on the 9th of November 2009 by Defendant-Appellant to Hold in Abeyance the time to file Petition for Writ of Certiorari: "Defendant's Motion to Hold in Abeyance the Time to File Petition for Writ of Certiorari is denied. Defendant's alternative Motion ... LAWSON v. WHITE, etal. , N.C., November 6, 2009 J. Gates Harris, for Lawson. Gregory T. Griffin, for White, etal. The following order has been entered on the motion filed on the 21st of September 2009 by Plaintiff-Appellant for Extension of Time Under Rule 27: "Motion Denied by order of the Court in conference this the 6th of November 2009." STATE of North Carolina v. PHILIP MORRIS USA INC.; R.J. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company; and Lorillard Tobacco Company. , N.C., November 6, 2009 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, --- N.C.App. ----, 669 S.E.2d 753 (2008), reversing an order and opinion entered on 17 August 2007 by Judge Ben F. Tennille in Superior Court, Wake County, and remanding for entry of summary judgment in defendants' favor. On 19 March 2009, the Supreme Court allowed a petition by plaintiffs State of Maryland and Commonwealth of Pennsylvania for discretionary review of additional issues. Heard in t... NORTH CAROLINA DEPARTMENT OF TRANSPORTATION v. David C. BLEVINS. , N.C., November 6, 2009 Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, --- N.C.App. ----, 670 S.E.2d 621 (2009), affirming a judgment entered on 17 September 2007 by Judge J. Marlene Hyatt in Superior Court, Haywood County, and dismissing defendant's cross-appeal from that judgment. Heard in the Supreme Court 9 September 2009. Roy Cooper, Attorney General, by Martin T. McCracken, Assistant Attorney General, for plaintiff-appellant. Van Winkle, Buck, Wall, Star... STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for ex-parte hearing: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant to challenge the composition of the grand jury: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." Wayne Thomas JOHNSON v. Barbara JOHNSON, Assistant Clerk of Superior Court. , N.C., November 5, 2009 Wayne Thomas Johnson, for Johnson, Wayne Thomas. Daniel O. O'Brien, Assistant Attorney General, for State of NC. Kristy M. Newton, District Attorney. ORDER Upon consideration of the petition filed by Plaintiff on the 9th of October 2009 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Hoke County: "Denied by order of the Court in Conference this the 5th of November 2009." STATE of North Carolina v. Wayne Thomas JOHNSON. , N.C., November 5, 2009 Wayne Thomas Johnson, for Johnson, Wayne Thomas. Daniel O. O'Brien, Assistant Attorney General, for State of NC. Robert F. Johnson, District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 26th of October 2009 in this matter for a writ of certiorari to review the order of the Superior Court, Alamance County, the following order was entered and is hereby certified to the Superior Court of that County: "Dismissed by order of the Court in conference, this th... STATE of North Carolina v. Robin Dale FORD. , N.C., November 5, 2009 Daniel Shatz, for Ford. Amy Kunstling, for State of NC. David Saacks, District Attorney. ORDER Upon consideration of the petition filed on the 6th of March 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." STATE of North Carolina v. Alonzo Dale BAINES. , N.C., November 5, 2009 Alonzo Dale Baines, for Baines. John G. Barnwell, Assistant Attorney General, for State of NC. Garland N. Yates, District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 23rd of March 2009 in this matter for a writ of certiorari to review the order of the Superior Court, Randolph County, the following order was entered and is hereby certified to the Superior Court of that County: "Dismissed by order of the Court in conference, this the 5th of November 200... Clayton Lee PROCTOR, Jr., on behalf of himself and all others similarly situated v. LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM, a corporation; Board of Trustees of the Local Government Employees' Retirement System, a body politic and corporate; , N.C., November 5, 2009 Marvin Schiller, for Proctor. Robert M. Curran, Special Deputy Attorney General, for Retirement System. ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiff-Appellant on the 8th of May 2009 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendants, the following order was entered and is hereby certified to the North Carolina Court of Appeals:... LAWSON v. WHITE, etal. , N.C., November 5, 2009 J. Gates Harris, for Lawson. Gregory T. Griffin, for White, etal. The following order has been entered on the motion filed on the 7th of October 2009 by Plaintiff-Appellant to Suspend Rules Under Rule 2: "Motion Denied by order of the Court in conference this the 5th of November 2009." LAWSON v. WHITE, etal. , N.C., November 5, 2009 J. Gates Harris, for Lawson. Gregory T. Griffin, for White, etal. The following order has been entered on the motion filed on the 13th of October 2009 by Defendants for Sanctions: "Motion Denied by order of the Court in conference this the 5th of November 2009." LAWSON v. WHITE, et. al. , N.C., November 5, 2009 J. Gates Harris, for Lawson. Gregory T. Griffin, for White, et. al. The following order has been entered on the motion filed on the 9th of September 2009 by Defendants to Dismiss Petition for Discretionary Review: "Motion Allowed by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Kirk Orlando SMITH and Bennie Nathaniel Thompson. , N.C., November 5, 2009 Geoffrey W. Hosford, for Bennie Thompson. John Payne, Assistant Attorney General, for State of NC. Nora H. Hargrove, for Kirk Smith. Sarah Meacham, Assistant Attorney General, for State of NC. C. Colon Willoughby, Jr., District Attorney. ORDER Upon consideration of the petition filed on the 6th of January 2009 by Defendant (Smith) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered an... STATE of North Carolina v. Kirk Orlando SMITH and Bennie Nathaniel Thompson. , N.C., November 5, 2009 Geoffrey W. Hosford, for Bennie Thompson. John Payne, Assistant Attorney General, for State of NC. Nora H. Hargrove, for Kirk Smith. Sarah Meacham, Assistant Attorney General, for State of NC. C. Colon Willoughby, Jr., District Attorney. ORDER Upon consideration of the petition filed on the 6th of January 2009 by Defendant (Thompson) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G .S. 7A-31, the following order was entere... HINCEMAN v. FOOD LION, et al. , N.C., November 5, 2009 Randy D. Duncan, for Hinceman. Joel K. Turner, for Food Lion, et al. The following order has been entered on the motion filed on the 8th of September 2009 by Attorney (Randy Duncan) for Leave to Withdraw as Attorney for Plaintiff: "Motion Allowed by order of the Court in conference this the 5th of November 2009." Cathy HINCEMAN, Employee v. FOOD LION, Self-Insured (Delhaize America, Inc., Servicing Agent), Employer. , N.C., November 5, 2009 Randy D. Duncan, for Hinceman. Joel K. Turner, for Food Lion, et al. ORDER Upon consideration of the petition filed on the 5th of January 2009 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." STATE of North Carolina v. Sherman Wayne GREEN. , N.C., November 5, 2009 Sherman Wayne Green, for Green. Charles E. Reece, Assistant Attorney General, for State of NC. Phil Berger, District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 5th of January 2009 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." ... STATE v. Sherman Wayne GREEN. , N.C., November 5, 2009 Sherman Wayne Green, for Green. Charles E. Reece, Assistant Attorney General, for State of NC. Phil Berger, District Attorney. The following order has been entered on the motion filed on the 26th of May 2009 by Defendant-Appellant for Request to Amend Petition for Writ of Certiorari: "Motion Allowed by order of the Court iin conference this the 5th of November 2009." STATE v. Sherman Wayne GREEN. , N.C., November 5, 2009 Sherman Wayne Green, for Green. Charles E. Reece, Assistant Attorney General, for State of NC. Phil Berger, District Attorney. The following order has been entered on the motion filed on the 5th of January 2009 by Defendant-Appellant for Notice of Appeal: "Motion Dismissed as Moot by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Carnell Tyrone STREATER. , N.C., November 5, 2009 Daniel R. Pollitt, Assistant Appellate Defender, for Carnell Tyrone Streater. Anne M. Middleton, Assistant Attorney General, for State of North Carolina. Garry W. Frank, District Attorney. ORDER Upon consideration of the conditional petition filed on the 5th of August 2009 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court ... STATE of North Carolina v. Carnell Tyrone STREATER. , N.C., November 5, 2009 Daniel R. Pollitt, Assistant Appellate Defender, for Carnell Tyrone Streater. Anne M. Middleton, Assistant Attorney General, for State of North Carolina. Garry W. Frank, District Attorney. ORDER Upon consideration of the petition filed on the 23rd of July 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: ... YONGO v. CITY OF RALEIGH. , N.C., November 5, 2009 Paul Yongo, pro se. Hunt K. Choi, Deputy City Attorney, for City of Raleigh, et al. The following order has been entered on the motion filed on the 2nd of September 2009 by Plaintiff-Appellant for Notice of Appeal: "Motion Dismissed ex mero motu by order of the Court in conference this the 5th of November 2009." Paul YONGO, Plaintiff, v. CITY OF RALEIGH CHIEF OF POLICE, Joshua Lee Zellmer, Defendants. , N.C., November 5, 2009 Paul Yongo, for Yongo, Paul. Hunt K. Choi, Deputy City Attorney, for City of Raleigh, et al. ORDER Upon consideration of the petition filed by Plaintiff on the 28th of September 2009 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." SEMON v. DOZIER. , N.C., November 5, 2009 William E. Loose, for Dozier. Shannon Lovins, for Semon. The following order has been entered on the motion filed on the 12th of August 2008 by Plaintiffs to Dismiss Petition for Discretionary Review: "Motion Dismissed as Moot by order of the Court in conference this the 5th of November 2009." James SEMON and wife, Roxanne Semon v. J.C. DOZIER and wife, Shirley Dozier. , N.C., November 5, 2009 William E. Loose, for Dozier. Shannon Lovins, for Semon. ORDER Upon consideration of the petition filed on the 31st of July 2008 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." FORD v. RODRIGUEZ v. Ford. , N.C., November 5, 2009 E. Gregory Stott, for Jean Peek Ford. G. Clark Hering, IV, for Beth Cummings Rodriguez. The following order has been entered on the motion filed on the 18th of September 2009 by PlaintiffAppellant to Strike a Portion of Defendant's Response: "Motion Dismissed as Moot by order of the Court in conference this the 5th of November 2009." Jean Peek FORD, Plaintiff, v. Beth Cummings RODRIGUEZ, Defendant/Third Party Plainttiff, v. Graham Michael Ford, Third-Party Defendant. , N.C., November 5, 2009 E. Gregory Stott, for Jean Peek Ford. G. Clark Hering, IV, for Beth Cummings Rodriguez. ORDER Upon consideration of the petition filed on the 28th of August 2009 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." STATE of North Carolina v. Orlando Jarrell GATTISON. , N.C., November 5, 2009 Orlando J. Gattison, for Gattison. Richard G. Sowerby, Assistant Attorney General, for State of NC. C. Colon Willoughby, Jr., District Attorney. ORDER Upon consideration of the petition filed on the 3rd of June 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference,... CITY OF DURHAM v. SAFETY NATIONAL CASUALTY CORPORATION and United States Fire Insurance Company. , N.C., November 5, 2009 Jane C. Jackson, for Safety National. Joel M. Craig, for City of Durham. Henry W. Sappenfield. ORDER Upon consideration of the petition filed on the 9th of June 2009 by Defendant (Safety National Cas. Corp.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A- 31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of Nov... MERRITT, FLEBOTTE, WILSON, WEBB & CARUSO, PLLC, A North Carolina Limited Liability Corporation, Plaintiff v. Aaron C. HEMMINGS, Kelly A. Stevens, and Hemmings & Stevens, P.L.L .C., A North Carolina Limited Liability Corporation, Defendants and Thir, N.C., November 5, 2009 Robert O. Crawford, III, for Hemmings, et al. Aaron C. Hemmings, for Hemmings, et al. Kelly A. Stevens. William S. Mills, for Merritt, et al. ORDER Upon consideration of the petition filed on the 9th of June 2009 by Defendants & 3rd Party Plaintiffs (Hemmings & Stevens) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "D... PAUL v. MECHWORKS MECHANICAL CONTRACTORS. , N.C., November 5, 2009 Erica B. Lewis, for Mechworks Mechanical, et al. Erin T. Collins. Curtis C. Coleman, III, for Douglas Paul. The following order has been entered on the motion filed on the 7th of July 2009 by Defendants for Temporary Stay: "Motion Dissolved by order of the Court in conference this the 5th of November 2009." PAUL v. MECHWORKS MECHANICAL CONTRACTORS. , N.C., November 5, 2009 Erica B. Lewis, for Mechworks Mechanical, et al. Erin T. Collins. Curtis C. Coleman, III, for Douglas Paul. The following order has been entered on the motion filed on the 22nd of October 2009 by Defendants to Withdraw Petition for Discretionary Review: "Motion Allowed by order of the Court iin conference this the 5th of November 2009." Douglas PAUL, Employee, Plaintiff, v. MECHWORKS MECHANICAL CONTRACTORS, Employer, and Key Risk Insurance Company, Carrier, Defendants. , N.C., November 5, 2009 Erica B. Lewis, for Mechworks Mechanical, et al. Curtis C. Coleman, III, for Paul, Douglas. ORDER Upon consideration of the petition filed by Defendant son the 7th of July 2009 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed as Moot by order of the Court in conference, this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, pro se. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant in limine to prohibit the prosecution from introducing any victim impact photographs, to prevent prejudiced to (A) party N.C. Gen.Stat. 15A-825: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, pro se. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for suppression of defendant's alleged confession: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for Bill of Particulars G.S. 15A-925G.S. 15A-952: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for complete recordation of all proceedings: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for Notice of intention to use defense of heat of the passion: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Jonathan MELVIN. , N.C., November 5, 2009 Jonathan Melvin, for Melvin. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. Kristy M. Newton, District Attorney. The following order has been entered on the motion filed on the 3rd of September 2009 by Defendant-Appellant for demand for list of witnesses: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE v. Kenneth D. BOBBITT. , N.C., November 5, 2009 Kenneth D. Bobbitt, for Bobbitt. Daniel P. O'Brien, Assistant Attorney General, for State of NC. Robert F. Johnson, District Attorney. The following order has been entered on the motion filed on the 8th of April 2009 by Defendant-Appellant to Proceed in Forma Pauperis: "Motion Allowed by order of the Court in conference this the 5th of November 2009." TONTER INVESTMENTS, INC., Plaintiff, v. PASQUOTANK COUNTY, Defendant. , N.C., November 5, 2009 Michael B. Brough, for Tonter Investments, Inc. Keith H. Johnson, R. Michael Cox, Pasquotank County Attorney, for Pasquotank County. Robin Tatum Currin. Chad W. Essick. ORDER Upon consideration of the petition filed on the 30th of September 2009 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by ... STATE of North Carolina v. Ralph Edward CROCKETT. , N.C., November 5, 2009 Daniel F. Read, for Ralph Edward Crockett. Hal F. Askins, Special Deputy Attorney General, for State of NC. Kathryn E. Hathcock, Assistant Attorney General, for State of North Carolina. Thomas J. Keith, District Attorney. ORDER Upon consideration of the petition filed on the 5th of October 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to th... MUCHMORE v. TRASK. , N.C., November 5, 2009 K. Edward Greene, for Muchmore. Michael S. Harrell, for Trask. John B. McMillan. Tobias S. Hampson, for Muchmore, Marcia Alyce. The following order has been entered on the motion filed on the 27th of July 2009 by Plaintiff-Appellant to Amend Plaintiff's New Brief to Correct Error in Argument Heading: "Motion Allowed by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Wilfredo Jamal RIVERA, III. , N.C., November 5, 2009 Douglas W. Corkhill, Assistant Attorney General, for State. Wilfredo Jamal Rivera, III, for Rivera, Wilfredo Jamal (III). Thomas J. Keith, District Attorney. ORDER Upon consideration of the petition filed on the 2nd of October 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Cour... STATE of North Carolina v. Donald Carlton LOWRY. , N.C., November 5, 2009 Diane A. Reeves, Assistant Attorney General, for State. Donald Carlton Lowry, for Donald Carlton Lowry. Frank R. Parrish, District Attorney. ORDER Upon consideration of the petition filed by Defendant on the 15th of October 2009 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of... STATE v. Charles Gene ROGERS. , N.C., November 5, 2009 Charles Gene Rogers, for Rogers, Charles Gene. Robert C. Montgomery, Special Deputy Attorney General, for State of NC. C. Branson Vickory, III, District Attorney. The following order has been entered on the motion filed on the 29th of October 2009 by Defendant-Appellant to Reconsider Order: "Motion Dismissed by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Juan Cabrera FLORES. , N.C., November 5, 2009 Linda Kimbell, Assistant Attorney General, for State. Juan Cabrera Flores, for Flores, Juan Cabrera. C. Colon Willoughby, Jr., District Attorney. ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant-Appellant on the 23rd of September 2009 in this matter pursuant to G.S. 7A-30, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed ex mero motu by order o... NORTH CAROLINA DEPARTMENT OF REVENUE, Petiitiioner, v. Bernhard VON NICOLAI, Respondent. , N.C., November 5, 2009 Brent W. Stephens, for Bernhard Von Nicolai. Michael D. Youth, Assistant Attorney General, for NC Dept. of Revenue. ORDER Upon consideration of the petition filed on the 22nd of September 2009 by Respondent in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November... STATE of North Carolina v. Donald MARENGO. , N.C., November 5, 2009 Paul Y.K. Castle, for Donald Marengo. Jill A. Bryan, for State. G. Dewey Hudson, District Attorney. ORDER Upon consideration of the petition filed on the 24th of September 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of November 2009." STATE v. Donald MARENGO. , N.C., November 5, 2009 Paul Y.K. Castle, for Donald Marengo. Jill A. Bryan, Assistant Attorney General, for State. G. Dewey Hudson, District Attorney. The following order has been entered on the motion filed on the 8th of October 2009 by State of NC to Deem Response Timely Filed: "Motion Allowed by order of the Court iin conference this the 5th of November 2009." STATE of North Carolina v. Shaynio Marcus THOMAS. , N.C., November 5, 2009 Russell Joseph Hollers, for Shayno Thomas. Derrick C. Mertz, Assistant Attorney General, for State of NC. R. Stuart Albright, District Attorney. ORDER Upon consideration of the petition filed on the 22nd of September 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in confe... HOKE COUNTY BOARD OF EDUCATION; et al, Plaintiffs and Asheville City Board of Education, et al, Plaintiff-Intervenors v. STATE of North Carolina; State Board of Education, Defendants. , N.C., November 5, 2009 Robert W. Spearman, H. Lawrence Armstrong, Jr., for Hoke Co. Bd. of Educ., et al. Thomas J. Ziko, Senior Deputy Attorney General, for State of NC/State Bd. of Educ. Melanie Black Dubis. Scott E. Bayzle. Kristy L. Rice. John Charles Boger, for Penn, et al. Ashley Osment. ORDER Upon consideration of the petition filed on the 26th of August 2009 by Plaintiffs (Hoke Co. Bd. of Ed., et al) in this matter for discretionary review of the decision of the North Carolina Court of Appea... STATE v. James Dewarrick COLE. , N.C., November 5, 2009 Catherine F. Jordan, Assisant Attorney General, for State of North Carolina. Jarvis John Edgerton, IV, for Cole, James Dewarrick. Jason T. Campbell, Assistant Attorney General. William D. Spence, for Cole, Kawamie Shonta. Alexander M. Hightower, Assistant Attorney General, for State of North Carolina. Michael Parker, District Attorney. The following order has been entered on the motion filed on the 14th of September 2009 by State of NC for Temporary Stay: "Motion Dissolved ... STATE of North Carolina v. James Dewarrick COLE and Kawamie Shonta Cole. , N.C., November 5, 2009 Catherine F. Jordan, Assisant Attorney General, for State of North Carolina. Jarvis John Edgerton, IV, for Cole, James Dewarrick. Jason T. Campbell, Assistant Attorney General. William D. Spence, for Cole, Kawamie Shonta. Alexander M. Hightower, Assistant Attorney General, For State of North Carolina. Michael Parker, District Attorney. ORDER Upon consideration of the petition filed by State of NC on the 14th of September 2009 for Writ of Supersedeas of the judgment of the Court ... STATE of North Carolina v. James Dewarrick COLE and Kawamie Shonta Cole. , N.C., November 5, 2009 Catherine F. Jordan, Assisant Attorney General, for State of North Carolina. Jarvis John Edgerton, IV, for Cole, James Dewarrick. Jason T. Campbell, Assistant Attorney General. William D. Spence, for Cole, Kawamie Shonta. Alexander M. Hightower, Assistant Attorney General, for State of North Carolina. Michael Parker, District Attorney. ORDER Upon consideration of the petition filed on the 15th of September 2009 by Defendant (Kawamie Cole) in this matter for discretionary review ... STATE of North Carolina v. Leonzo Lencheto WHITE. , N.C., November 5, 2009 M. Gordon Widenhouse, Jr., for Leonzo Lencheto White. L. Michael Dodd, Special Deputy Attorney General, for State of NC. R. Stuart Albright, District Attorney. ORDER Upon consideration of the petition filed on the 25th of August 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Co... Bonnie SCHAEFFER and Robert D. Bevan, III, Petitioners, v. TOWN OF HILLSBOROUGH, a North Carolina municipality and its Board of Adjustment, Respondent. , N.C., November 5, 2009 LeAnn Nease Brown, for Bonnie Schaeffer, et al. Robert E. Hornik, Jr., for Town of Hillsborough. ORDER Upon consideration of the conditional petition filed on the 21st of September 2009 by Petitioners in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed as Moot by order of the Court in conference, this the 5th of Nov... Bonnie SCHAEFFER and Robert D. Bevan, III, Petitioners, v. TOWN OF HILLSBOROUGH, a North Carolina municipality and its Board of Adjustment, Respondent. , N.C., November 5, 2009 LeAnn Nease Brown, for Bonnie Schaeffer, et al. Robert E. Hornik, Jr., for Town of Hillsborough. ORDER Upon consideration of the petition filed on the 8th of September 2009 by Respondent (Town of Hillsborough) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 5th of Novem... STATE of North Carolina v. Robert Paul RAINEY. , N.C., November 5, 2009 James N. Freeman, for Robert Rainey. Kevin L. Anderson, Assistant Attorney General, for State of NC. William D. Kenerly, District Attorney. ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant-Appellant on the 7th of September 2009 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby cer... BOYCE & ISLEY, PLLC, Eugene Boyce, R. Daniel Boyce, Philp R. Isley, and Laura B. Isley v. Roy A. COOPER, III, The Cooper Committee, Julia White, Stephen Bryant, and Kristi Hyman. , N.C., November 5, 2009 G. Eugene Boyce, for Eugene Boyce. R. Daniel Boyce. Philip R. Isley. Laura B. Isley. Jim Phillips, Jr., for Cooper, et al. Alan W. Duncan, for Cooper, et al. Allison Overbay Van Laningham. ORDER Upon consideration of the petition filed on the 20th of April 2009 by Plaintiff (Eugene Boyce) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Ca... BOYCE & ISLEY, PLLC, Eugene Boyce, R. Daniel Boyce, Philp R. Isley, and Laura B. Isley v. Roy A. COOPER, III, The Cooper Committee, Julia White, Stephen Bryant, and Kristi Hyman. , N.C., November 5, 2009 G. Eugene Boyce, for Eugene Boyce. R. Daniel Boyce. Philip R. Isley. Laura B. Isley. Alan W. Duncan, Attorney at Law, Jim Phillips, Jr., for Cooper, et al. Allison Overbay Van Laningham. ORDER Upon consideration of the conditional petition filed on the 4th of May 2009 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Cou... COUCOULAS/KNIGHT PROPERTIES, LLC, Plaintiff, v. TOWN OF HILLSBOROUGH, a North Carolina municipality and its Board of Commissioners, Defendants. , N.C., November 5, 2009 Robert E. Hornik, Jr., for Town of Hillsborough. LeAnn Nease Brown, for Coucoulas/Knight Prop. ORDER Upon consideration of the petition for discretionary review, filed by Plaintiff on the 1st of October 2009 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition fo... WILLIAMS v. CRAFT DEVELOPMENT, LLC, et al. , N.C., November 5, 2009 James E. Scarbrough, for Craft Development, LLC, Craft Holdings, LLC, and Dan Johnson. Edward G. Connette, III, for Williams, Judy. Kirk L. Bowling, for Mark Lowder, et al. The following order has been entered on the motion filed on the 5th of November 2009 by Defendants & 3rd Party Plaintiffs for Temporary Stay: "Motion Allowed by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Samuel Travis TANNER. , N.C., November 5, 2009 Robert C. Montgomery, Special Deputy Attorney General, for State of NC. William D. Spence, for Tanner. C. Colon Willoughby, Jr., District Attorney. ORDER Upon consideration of the petition filed by State of NC on the 20th of October 2008 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 5th of November 2009." Upon con... FUSSELL v. NC FARM BUREAU, et al. , N.C., November 5, 2009 Michael S. Harrell, for Milton K. Fussell, et al. Cathryn M. Little, for Town of Apex. The following order has been entered on the motion filed on the 3rd of November 2009 by Plaintiffs for Extension of Time to File Brief: "Motion Allowed by order of the Court in conference this the 5th of November 2009." BAXTER v. NICHOLSON,, et al. , N.C., November 5, 2009 William D. Acton, Jr., for Baxter. Shelley W. Coleman, for Nicholson, et al. Pamela Thorpe Young. Christopher G. Browning, Solicitor General. The following order has been entered on the motion filed on the 29th of October 2009 by State of NC as Amicus Curiae to Participate in Oral Argument: "Motion Denied by order of the Court in conference this the 5th of November 2009." In the Matter of D.L.H. appealed by State of NC. , N.C., November 5, 2009 Latoya B. Powell, Assistant Attorney General, for State of North Carolina. Leslie C. Rawls, for D.L.H. ORDER Upon consideration of the petition filed by Appellant (State of NC) on the 25th of August 2009 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 5th of November 2009." Upon consideration of the petition filed on t... BROWN v. KINDRED NURSING CENTERS. , N.C., November 5, 2009 Thomas E. Harris, for Patricia Dix, et al. W. Gregory Merritt. Jay C. Salsman. Stephen J. Gugenheim, for Lenton Brown. The following order has been entered on the motion filed on the 3rd of November 2009 by Defendants for Leave to File Reply Brief: "Motion Allowed by order of the Court in conference this the 5th of November 2009." STATE of North Carolina v. Raymond Charles HAGERMAN. , N.C.App., November 3, 2009 Appeal by defendant from order entered 15 October 2008 by Judge Thomas H. Lock in Onslow County Superior Court. Heard in the Court of Appeals 20 August 2009. Attorney General Roy Cooper, by Assistant Attorney General Joseph Finarelli, for the State. Jon W. Myers, for defendant-appellant. CALABRIA, Judge. Raymond Charles Hagerman ("defendant") appeals the trial court's order directing him to enroll in lifetime satellite-based monitoring ("SBM") pursuant to N.C. Gen.Stat. § 14-208.40B... STATE of North Carolina v. Kareem Michael Lamont ALLEN. , N.C.App., November 3, 2009 Holdings: The Court of Appeals, Steelman, J., held that: (1) defendant was not in custody for Miranda purposes when questioned at hospital; (2) officer's conduct in reentering interview room and stating that defendant was being charged with second degree murder did not constitute a "custodial interrogation" in violation of defendant's right to counsel; (3) evidence was sufficient to support jury instruction on flight; (4) any error in instructing jury on flight was not prejudicia... In the Matter of W.R.A., Minor Child. , N.C.App., November 3, 2009 Holding: The Court of Appeals, Robert N. Hunter, Jr., J., held that the trial court lacked subject matter jurisdiction to review motion for appropriate relief filed by biological mother and paternal great aunt and uncle following the trial court's order granting prospective adoptive parents' motion to adopt child. Affirmed. Appeal by respondent-mother and paternal-relative interveners from order entered 28 January 2009 by Judge John W. Davis in Franklin County District Court. Heard in the Cou... E. Anthony MUSARRA, II, M.D.P.C., Plaintiff, v. David E. BOCK, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered 3 October 2009 by Judge C. Philip Ginn in Macon County Superior Court. Heard in the Court of Appeals 16 September 2009. Jones, Key, Melvin & Patton, P.A. by Fred H. Jones, for plaintiff-appellee. Creighton W. Sossomon, for defendant-appellant. STEELMAN, Judge. The misspelling of defendant's name on the summons implicated personal jurisdiction issues which defendant waived by not raising them in his answer. The Superior Court of Macon County ... Sherri B. BLAYLOCK, as Guardian Ad Litem for H.L., Minor, and B.L., Minor, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF CORRECTION-DIVISION OF COMMUNITY CORRECTIONS, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from order entered 10 September 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 31 August 2009. Janet, Jenner & Suggs, LLC, by John C. Hensley, Jr., for plaintiffs- appellees. Roy Cooper, Attorney General, by Amar Majmundar, Special Deputy Attorney General, and Tina Lloyd Hlabse, Assistant Attorney General, for defendant- appellant. MARTIN, Chief Judge. Defendant appeals an order of the North Carolina Industrial Commission denying ... Steve R. JONES, Employee, Plaintiff, v. STEVE JONES AUTO GROUP, Employer, and Universal Underwriters Group, Carrier, Defendants. , N.C.App., November 3, 2009 Holdings: The Court of Appeals, Stephens, J., held that: (1) evidence supported a finding that claimant's work placed him at an increased risk for contracting pulmonary airway disease as compared to the public generally, and (2) evidence supported a finding that claimant's exposure to mold at his place of employment caused his pulmonary airway disease. Affirmed in part and remanded in part with instructions. Appeal by Defendants from Opinion and Award entered 12 September 2008 by the... STATE of North Carolina v. Jeffery Devon MEWBORN. , N.C.App., November 3, 2009 Appeal by Defendant from judgments entered 19 August 2008 by Judge Paul L. Jones in Superior Court, Lenoir County. Heard in the Court of Appeals 16 September 2009. Attorney General Roy Cooper, by Assistant Attorney General John A. Payne, for the State. S. Hannah Demeritt for Defendant-Appellant. McGEE, Judge. Jeffrey Devon Mewborn (Defendant) was convicted of possession of a controlled substance, carrying a concealed weapon, and possession of a firearm by a convicted felon on 19 Aug... In the Matter of D.K., A Minor Child. , N.C.App., November 3, 2009 Appeal by juvenile-respondent from orders entered 8 October 2008 and 16 October 2008 by Judge Patrice A. Hinnant in Guilford County District Court. Heard in the Court of Appeals 12 October 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Teresa L. Townsend, for the State. Geeta Kapur, for respondent-appellant. JACKSON, Judge. D.K. ("the juvenile") appeals the 8 October 2008 order that adjudicated him delinquent for larceny. For the reasons stated herein, we ... In the Matter of F.G.J., M.G.J. , N.C.App., November 3, 2009 Appeal by respondents from orders entered 9 January 2009 by Judge Albert A. Corbett, Jr. in Johnston County District Court. Heard in the Court of Appeals 14 September 2009. Terry F. Rose for petitioner-appellee. Susan J. Hall for respondent-appellant mother. Richard E. Jester for respondent-appellant father. James W. Carter for appellee guardian ad litem. GEER, Judge. Respondent mother and respondent father appeal from the trial court's orders terminating their parental rights... In the Matter of T.B. , N.C.App., November 3, 2009 Appeal by Respondent from orders entered 26 March 2009 by Judge Regina M. Joe in Scotland County District Court. Heard in the Court of Appeals 7 September 2009. Scotland County Department of Social Services, by Lisa D. Blalock, for Petitioner-Appellee. Sofie W. Hosford, for Respondent-Appellant. Pamela Newell Williams, for Guardian ad Litem. BEASLEY, Judge. Respondent is the minor child's maternal grandmother. She appeals from the trial court's adjudication and disposition orders... In the Matter of S.R.G. , N.C.App., November 3, 2009 Holding: The Court of Appeals, Elmore, J., held that the law of the case doctrine precluded the trial court from holding, on remand, that termination of mother's parental rights due to neglect or willful failure to pay a reasonable portion of the cost of care was warranted. Reversed. Appeal by respondent-mother from order entered 29 April 2009 by Judge Thomas G. Taylor in Gaston County District Court. Heard in the Court of Appeals 28 September 2009. Thomas B. Kakassy, P.A., by Thomas B. K... In the Matter of N.B., I.B., and A.F. , N.C.App., November 3, 2009 Appeal by Respondent from order entered 20 April 2009 by Judge Beverly Scarlett in Orange County District Court. Heard in the Court of Appeals 14 September 2009. Orange County Department of Social Services, by Lisa W. Reynolds and Carol J. Holcomb, for Petitioner-Appellee. Richard Croutharmel, for Respondent-Appellant. Pamela Newell Williams, for Guardian ad Litem. BEASLEY, Judge. Respondent appeals from the order terminating her parental rights to the minor children, N.B., I.B.... Tammy C. EDWARDS, Administratrix of the Estate of Paul Roger Edwards, Plaintiff-Appellant v. GE LIGHTING SYSTEMS, INC. and General Electric Company, Defendants-Appellees. , N.C.App., November 3, 2009 Appeal by plaintiff from order entered 10 December 2007 by Judge Mark E. Powell in Henderson County Superior Court. Heard in the Court of Appeals 29 September 2009. Michaels & Michaels, P.A., by John A. Michaels, and Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Allan R. Tarleton, for plaintiff-appellant. Smith Moore Leatherwood, L.L.P., by Jonathan A. Berkelhammer, Jeri L. Whitfield and Lisa K. Shortt, for defendant-appellee General Electric Company. CALABRIA, Judge. Tammy C. E... STATE of North Carolina v. Nathaniel Vandis WILLIAMS. , N.C.App., November 3, 2009 Appeal by Defendant from judgment entered 3 November 2008 by Judge Monica M. Bousman in Wake County District Court. Heard in the Court of Appeals 3 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Patrick S. Wooten, for the State. Ryan McKaig, for Defendant. STEPHENS, Judge. I. Procedural History and Factual Background On 18 September 2008, Defendant Nathaniel Vandis Williams was arrested on charges of possession with intent to sell and deliver a controlled ... STATE of North Carolina v. Darryl William COLEMAN. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 22 May 2008 by Judge Jesse B. Caldwell, III, in Lincoln County Superior Court. Heard in the Court of Appeals 15 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Sarah Y. Meacham, for the State. Parish, Cooke & Condlin, by James R. Parish, for defendant-appellant. CALABRIA, Judge. Darryl William Coleman ("defendant") appeals from judgments entered upon jury verdicts finding him guilty of one count of statutory sex o... STATE of North Carolina v. Luciano Diaz TELLEZ. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 22 August 2008 by Judge Thomas H. Lock in Johnston County Superior Court. Heard in the Court of Appeals 16 September 2009. Attorney General Roy A. Cooper, III, by Special Attorney General Hal Askins and Assistant Attorney General Jess D. MeKeel, for the State. Sofie W. Hosford, for defendant-appellant. JACKSON, Judge. Luciano Diaz Tellez ("defendant") appeals from a conviction of two counts of second-degree murder and one count of felonious... STATE of North Carolina v. Maurice Alfonzo MOBLEY, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 30 October 2008 by Judge J. Gentry Caudill in Mecklenburg County Superior Court. Heard in the Court of Appeals 14 September 2009. Roy Cooper, Attorney General, by Barry Cook and Chris Z. Sinha, Assistant Attorneys General, for the State. Geoffrey W. Hosford, for defendant-appellant. MARTIN, Chief Judge. Maurice Alfonzo Mobley ("defendant") appeals from judgments entered pursuant to jury verdicts finding him guilty of three counts of second ... EAGLES NEST, A John Turchin Company, LLC, a North Carolina Limited Liability Company (f/k/a T & A Investments II, LLC, as successor in interest to T & A Hunting and Fishing Club, Inc., a North Carolina Corporation, Plaintiff, v. James H. RIDINGER (, N.C.App., November 3, 2009 Appeal by defendants James H. Ridinger, Loren Ridinger, and Miracle NC Construction, LLC, from judgment entered 24 October 2008 by Judge James L. Baker, Jr., in Avery County Superior Court. Heard in the Court of Appeals 20 August 2009. Vetro & Lundy, P.C., by Michael Vetro and M. Shaun Lundy, for plaintiff Eagles Nest, a John Turchin Company, LLC. Womble Carlyle Sandridge & Rice, a Professional Limited Liability Company, by Pressly M. Millen and Sean E. Andrussier, for defendants James H.... Justin PHILLIPS, by and through Guardian Ad Litem, Teresa Bates, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant. , N.C.App., November 3, 2009 Appeal by plaintiff from Decision and Order entered 6 August 2008 by the North Carolina Industrial Commission. Heard in the Court of Appeals 31 August 2009. Attorney General Roy Cooper, by Assistant Attorney General Tina L. Hlabse, for the State. Law Offices of Jonathan S. Dills, P.A., by Jonathan S. Dills for plaintiff- appellant. BRYANT, Judge. Plaintiff appeals from a Decision and Order of the Full Commission of the North Carolina Industrial Commission filed 6 August 2008 which d... The ESTATE OF Kenneth L. WILSON and Doris Wilson, in her capacity as the Administratrix of the Estate of Kenneth L. Wilson, Petitioners, v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance of the North Carolina Department of Health an, N.C.App., November 3, 2009 Appeal by petitioners from judgment and order entered 14 November 2008 by Judge Richard D. Boner in Mecklenburg County Superior Court. Heard in the Court of Appeals 3 September 2009. Ott Cone & Redpath, P.A., by Laurie S. Truesdell, for petitioner appellants. Attorney General Roy Cooper, by Assistant Attorney General Brenda Eaddy, for North Carolina Department of Health and Human Services respondent appellee. HUNTER, JR., ROBERT N., Judge. Petitioner Doris Wilson, in her capacity as... STATE of North Carolina, Plaintiff v. Edward Craig DUNN, Defendant and Accredited Surety and Casualty, Surety. , N.C.App., November 3, 2009 Appeal by plaintiff and the Durham Public Schools Board of Education from order entered 13 October 2008 by Judge Brian C. Wilks in Durham County District Court. Heard in the Court of Appeals 1 September 2009. Tharrington Smith, LLP, by Rod Malone and Christine T. Scheef, for plaintiff-appellant Durham Public Schools Board of Education. Steven A. McCloskey for defendant-appellee Accredited Surety and Casualty. No brief filed for defendant Edward Craig Dunn. CALABRIA, Judge. The St... TELERENT LEASING CORP., d/b/a Vendor Capital Group, Plaintiff, v. Mordechai BOAZIZ, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgment and orders entered 15 August 2008 by Judge Paul G. Gessner in Wake County Superior Court. Heard in the Court of Appeals 2 September 2009. Wyrick Robbins Yates & Ponton, LLP, by Hon. K. Edward Greene and Tobias S. Hampson, for plaintiff-appellee. Manning, Fulton & Skinner, P.A., by Michael T. Medford and William S. Cherry, III, for defendant-appellant. JACKSON, Judge. Defendant Mordechai Boaziz ("defendant") appeals the 15 August 2008 judgment in fav... PROGRESS ENERGY CAROLINAS, INC., Petitioner, v. William Howell STRICKLAND, Respondent. , N.C.App., November 3, 2009 Holdings: The Court of Appeals, Steelman, J., held that: (1) language in jury instructions, that the condemnation had an affect on the airstrips on landowner's property, was based on law of the case, and (2) the instructions did not remove from jury the ability to decide the highest and best use of the land for purposes of valuation. Affirmed. Appeal by petitioner from judgment filed 8 September 2008 by Judge Cressie Thigpen in Columbus County Superior Court. Heard in the Court of Ap... STATE of North Carolina v. Mario Elliott STOVER. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 15 August 2009 by Judge C. Preston Cornelius in Buncombe County Superior Court. Heard in the Court of Appeals 2 September 2009. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Daniel S. Johnson, for the State. Leslie C. Rawls, for defendant-appellant. JACKSON, Judge. Mario Elliott Stover ("defendant") appeals his 15 August 2008 convictions for misdemeanor possession of drug paraphernalia; felony maintaining a dwelli... FISCHER INVESTMENT CAPITAL, INC., Plaintiff, v. CATAWBA DEVELOPMENT CORPORATION, Ridgeline Real Estate Corporation, Mark W. Lewis and Debra D. Lewis a/k/a Debra Downs Lewis a/k/a Debra Downs, Defendants. , N.C.App., November 3, 2009 Holdings: The Court of Appeals, Ervin, J., held that: (1) lender sufficiently alleged a claim to pierce corporate veil, and (2) lender sufficiently alleged a claim to set aside sale as a fraudulent conveyance. Reversed and remanded. Appeal by Plaintiff from judgment entered 28 July 2008 by Judge Dennis J. Winner in Buncombe County Superior Court. Heard in the Court of Appeals 22 April 2009. Robinson, Bradshaw & Hinson, P.A., by Robert E. Harrington, for Plaintiff- Appellant. Va... Jerry Alan REESE, as a Taxpayer and Citizen in and of Mecklenburg County, North Carolina, on behalf of himself and all other Taxpayers and Citizens of Mecklenburg County, Plaintiff, v. MECKLENBURG COUNTY North Carolina; and Knights Baseball, LLC, D, N.C.App., November 3, 2009 Appeal by plaintiff from order filed 28 July 2008 by Judge W. David Lee in Mecklenburg County Superior Court. Heard in the Court of Appeals 20 April 2009. Jerry Alan Reese, pro se. Robinson, Bradshaw & Hinson, P.A., by A. Ward McKeithen and Jonathan C. Krisko, for defendant-appellee Mecklenburg County, North Carolina. Hamilton Moon Stephens Steele & Martin, PLLC, by Jackson N. Steele, for defendant-appellee Knights Baseball, LLC. STEELMAN, Judge. The trial court properly denied p... STATE of North Carolina v. Robert Peter VOGT, Jr. , N.C.App., November 3, 2009 Appeal by defendant from order entered 3 July 2008 by Judge Beverly T. Beal in Mecklenburg County Superior Court. Heard in the Court of Appeals 22 April 2009. Attorney General Roy Cooper, by Assistant Attorney General Peter A. Regulski , for the State. William D. Auman, for defendant. ERVIN, Judge. On 28 August 2006, the Mecklenburg County Grand Jury returned a true bill of indictment charging Defendant with taking indecent liberties with a minor. On 9 June 2008, Defendant entered... Louise Pack METCALF, Barbara Pack Holcombe, Michael Lawrence, Barbara Pack White, and Alice White Mobidine, Plaintiffs, v. BLACK DOG REALTY, LLC and Buncombe County, North Carolina, Defendants. , N.C.App., November 3, 2009 Appeal by defendant Black Dog Realty, LLC from orders entered 15 September 2008 and 18 September 2008 by Judge J. Marlene Hyatt in Superior Court, Buncombe County. Heard in the Court of Appeals 19 May 2009. Ferikes and Bleynat, PLLC, by Joseph A. Ferikes and Mary March Exum, for plaintiff-appellees. Johnston, Allison & Hord, P.A., by Patrick E. Kelly, Daniel A. Merlin, and Michael L. Wilson, for defendant-appellant. McGuire, Wood & Bissette, PA by Joseph P. McGuire, for defendant-appell... In The Matter of M.L.T.H. , N.C.App., November 3, 2009 Appeal by juvenile from orders entered 3 April 2008 by Judge William G. Stewart and 5 May 2008 by Judge John Covolo in District Court, Nash County. Heard in the Court of Appeals 19 May 2009. Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Gail E. Dawson, for the State. Kimberly P. Hoppin, for juvenile-appellant. STROUD, Judge. The juvenile M.L.T.H. ("Micah") [FN1] appeals from a 3 April 2008 order denying his motion to suppress and the order adjudicating hi... STATE of North Carolina v. Gary Frances MELLO. , N.C.App., November 3, 2009 Appeal by defendant from order entered 26 September 2007 by Judge Steve A. Balog and judgment entered 10 December 2007 by Judge V. Bradford Long in Forsyth County Superior Court. Heard in the Court of Appeals 7 April 2009. Attorney General Roy Cooper, by Assistant Attorney General Derrick C. Mertz, for the State. Glover & Peterson, P.A., by James R. Glover, for Defendant. ERVIN, Judge. On appeal, Gary Frances Mello (Defendant) challenges the order entered by Judge Steve A. Balog (tr... STATE of North Carolina v. Gary Frances MELLO. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered 14 November 2007 by Judge Henry E. Frye, Jr., in Forsyth County Superior Court. Heard in the Court of Appeals 7 April 2009. Attorney General Roy Cooper, by Assistant Attorney General Derrick C. Mertz, for the State. Glover & Peterson, P.A., by James R. Glover, for defendant-appellant. HUNTER, JR., ROBERT N., Judge. Defendant Gary Frances Mello ("defendant") appeals his conviction under Winston-Salem City Ordinance § 38-29 ("the Ordinance") f... STATE of North Carolina v. Jeffery GARDNER. , N.C.App., November 3, 2009 Appeal by defendant from order entered 15 May 2008 by Judge Ronald E. Spivey in Randolph County Superior Court. Heard in the Court of Appeals 11 February 2009. Attorney General Roy Cooper, by Special Counsel Hilary S. Peterson, for the State. Jason G. Goins, for defendant-appellant. CALABRIA, Judge. Jeffery Gardner ("defendant") appeals from the trial court's order directing him to enroll in satellite-based monitoring ("SBM") pursuant to N.C. Gen.Stat. § 14-208.40B (2007). We vacate... STATE EMPLOYEES ASSOCIATION OF NORTH CAROLINA, INC., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF STATE TREASURER, and Richard H. Moore, in his capacity As Treasurer of the State of North Carolina, Defendants. , N.C.App., November 3, 2009 Appeal by Plaintiff from judgment entered 21 July 2008 by Judge James E. Hardin in Wake County Superior Court. Heard in the Court of Appeals 21 May 2009. Blanchard, Miller, Lewis and Styers, P.A. by E. Hardy Lewis and Karen M. Kemerait, for Plaintiff-Appellants. Shanahan Law Group, PLLC, by Kieran J. Shanahan and Steven K. McCallister; and Department of State Treasurer, by Jay J. Chaudhuri. BEASLEY, Judge. Plaintiff appeals from an order dismissing Plaintiff's complaint for failure ... Dinah BORYLA-LETT, individually and as adm. of the estate of, Amanda Boryla a/k/a Amanda Hrasar, and Jeffrey Lett, Plaintiffs, v. PSYCHIATRIC SOLUTIONS OF NORTH CAROLINA, INC., d/b/a Holly Hill Hospital, John T. Clapacs, North Raleigh Psychiatry, P, N.C.App., November 3, 2009 Appeal by plaintiffs from orders entered 4 April 2008 and 27 May 2008 by Judges Donald W. Stephens and Orlando Hudson, respectively, in Wake County Superior Court. Heard in the Court of Appeals 7 April 2009. Martin A. Rosenberg, for plaintiffs-appellants. Crawford & Crawford, LLP, by Renee B. Crawford, Robert O. Crawford, III, and Heather J. Williams, for John T. Clapacs and North Raleigh Psychiatry, P.A., defendants-appellees. Teague, Campbell, Dennis & Gorham, L.L.P., by J. Matthew Li... STATE of North Carolina v. Thomas E. WRIGHT. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 7 April 2008 by Judge Henry W. Hight, Jr. in Wake County Superior Court. Heard in the Court of Appeals 21 May 2009. Attorney General Roy Cooper, by Special Deputy Attorney General Alexander McC. Peters, for the State. Douglas S. Harris, for defendant-appellant. CALABRIA, Judge. Thomas E. Wright ("defendant") appeals judgments entered upon jury verdicts finding him guilty of three counts of obtaining property by false pretenses. We find no ... In the Matter of J.M.D., A.T.N., K.D.W., III, A.D.J.-L.D. , N.C.App., November 3, 2009 Appeal by Respondent-mother from orders entered 30 March 2009 by Judge R. Les Turner in District Court, Greene County. Heard in the Court of Appeals 12 October 2009. James W. Spicer, III, for petitioner-appellee Greene County Department of Social Services. Pamela Newell Williams for guardian ad litem. Lisa Skinner Lefler for respondent-appellant mother. WYNN, Judge. Respondent-mother appeals from a permanency planning order entered as to one of her four children, J.M.D. [FN1] She... STATE of North Carolina v. Lawrence Willard SKIPPER. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered 19 August 2008 by Judge Jerry Braswell in Sampson County Superior Court. Heard in the Court of Appeals 20 August 2009. Attorney General Roy Cooper, by Assistant Attorney General Anne Goco Kirby, for the State. Kimberly P. Hoppin, for defendant-appellant. CALABRIA, Judge. Lawrence Willard Skipper ("defendant") appeals a judgment entered upon a jury verdict finding him guilty of felonious breaking or entering, felonious larceny, felonious poss... Daniel SHORTS, Employee-Plaintiff, v. The MEGA FORCE STAFFING GROUP, Employer, American Home Assurance Company, Carrier, Defendants. , N.C.App., November 3, 2009 Appeal by Defendants from Opinion and Award of the North Carolina Industrial Commission entered 18 July 2008. Heard in the Court of Appeals 18 August 2009. Crumley & Associates, Michael T. Brown, Jr., for plaintiff-appellee. Young Moore and Henderson, P.A., by Joe E. Austin, Jr. and Angela Farag Craddock, for defendants-appellants. WYNN, Judge. Before issuing findings of fact, the N.C. Industrial Commission must consider and weigh all of the competent evidence presented. [FN1] Here,... STATE of North Carolina v. Stephen Lamar AMOS, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered on or about 30 June 2008 by Judge R.L. Stephens in Superior Court, Durham County. Heard in the Court of Appeals 19 May 2009. Attorney General Roy A. Cooper, III, by Assistant Attorney General Catherine F. Jordan, for the State. Daniel J. Clifton, for defendant-appellant. STROUD, Judge. Defendant appeals the revocation of his probation. For the following reasons, we find no error, but remand for correction of a clerical error. I. Backgroun... STATE of North Carolina v. Mario L. GONZALEZ, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered on or about 22 September 2008 by Judge Yvonne Mims Evans in Superior Court, Mecklenburg County. Heard in the Court of Appeals 9 June 2009. Attorney General Roy A. Cooper, III by Assistant Attorney General J. Aldean Webster, III , for the State. Irving Joyner, for defendant-appellant. STROUD, Judge. Defendant appeals from his convictions for two counts of trafficking in cocaine and one count of conspiracy to traffic in cocaine. Prior to ent... In the Matter of W.D.M., JR. , N.C.App., November 3, 2009 Appeal by respondent-father from order entered 13 March 2009 by Judge David K. Fox in Henderson County District Court. Heard in the Court of Appeals 12 October 2009. Assistant County Attorney Susan L. Fosmire for petitioner-appellee Henderson County Department of Social Services. Charlotte Gail Blake for respondent-appellant father. Pamela Newell Williams for guardian ad litem. ERVIN, Judge. Respondent-father appeals from the district court's order terminating his parental rights... Stevie IKECHUKWU, Plaintiff, v. Florence IKECHUKWU, Defendant. , N.C.App., November 3, 2009 Appeal by Plaintiff from judgment entered 6 August 2008 by Judge Ann E. McKown in Durham County District Court. Heard in the Court of Appeals 10 June 2009. Alyscia G. Ellis, for Plaintiff. Florence Ikechukwu, pro se, for Defendant. ERVIN, Judge. Stevie Ikechukwu (Plaintiff) appeals from an equitable distribution judgment entered 5 August 2008 that, among other things, assigned no value to the Bekee Food Store, a convenience store acquired by Plaintiff and Florence Ikechukwu (Defenda... In the Matter of J.H.R., a Minor Child. , N.C.App., November 3, 2009 Appeal by Respondents mother and father from order entered 19 March 2009 by Judge Randy C. Pool in Rutherford County District Court. Heard in the Court of Appeals 5 October 2009. Rutherford County Department of Social Services, by Brian W. King and Laura Slaughter, for Petitioner-Appellee. Michael E. Casterline, for Respondent-Appellant Mother. Joyce L. Terres, for Respondent-Appellant Father. Pamela Newell Williams, for Guardian ad Litem. BEASLEY, Judge. Respondents mother a... Michelle Ann KISSLO, Plaintiff. v. George TATUM, Commissioner, North Carolina Division of Motor Vehicles, Defendant. , N.C.App., November 3, 2009 Appeal by plaintiff from judgment entered 11 September 2008 by Judge Vance Bradford Long in Guilford County Superior Court. Heard in the Court of Appeals 19 August 2009. Attorney General Roy Cooper, III, by Assistant Attorney General Kathryne E. Hathcock, for defendant-appellee. Charles L. White for plaintiff-appellant. HUNTER, ROBERT C., Judge. Michelle Ann Kisslo ("plaintiff") appeals from the trial court's judgment affirming defendant North Carolina Division of Motor Vehicle's ("... In the Matter of A.A. , N.C.App., November 3, 2009 Appeal by Respondent-mother from order entered 23 April 2009 by Judge Eric Chasse in District Court, Wake County. Heard in the Court of Appeals 12 October 2009. Scott W. Warren, Roger A. Askew, and Mary Elizabeth Smerko for Wake County Human Services, petitioner-appellee. Pamela Newell Williams for guardian ad litem-appellee. Windy H. Rose for respondent-appellant. WYNN, Judge. Respondent-mother appeals from the trial court's order terminating her parental rights to the minor child,... In the Matter of H.N.J. and A.S.J. , N.C.App., November 3, 2009 Appeal by Respondent father from orders entered 22 April 2009 by Judge W. Rob Lewis, II, in Northampton County District Court. Heard in the Court of Appeals 12 October 2009. Gillam and Gillam, by M. Braxton Gillam, III, for petitioner-appellee, Northampton County Department of Social Services. Mary McCullers Reece, for respondent-appellant, father. Pamela Newell Williams for respondent-appellee, Guardian Ad litem. ERVIN, Judge. Robert J., respondent father, appeals from permanenc... STATE of North Carolina v. Tony Monique HUGHES. , N.C.App., November 3, 2009 Appeal by Defendant from order entered 29 August 2008 by Judge Henry E. Frye, Jr., in Guilford County Superior Court. Heard in the Court of Appeals 3 September 2009. Attorney General Roy Cooper, by Assistant Attorney General Oliver G. Wheeler, IV, for the State. James W. Carter, for Defendant. BEASLEY, Judge. On 9 June 2003 Defendant (Tony Hughes) pled guilty to two charges of taking indecent liberties with a child, in violation of N.C. Gen.Stat. § 14-202.1. On 29 August 2008 the tr... In the Matter of J.J.R. , N.C.App., November 3, 2009 Appeal by Respondent from an order entered 3 March 2009 by Judge Monica M. Bousman in Wake County District Court. Heard in the Court of Appeals 28 September 2009. Wake County Human Services Office, by Scott W. Warren, Roger A. Askew and Mary Elizabeth Smerko, for Petitioner-Appellee. Joyce L. Terres, for Respondent-Appellant Mother. Susan F. Vick, for Guardian ad Litem. BEASLEY, Judge. Respondent appeals from an order adjudicating J.J.R. neglected. We affirm. On 17 December 20... In the Matter of T.G.W., Minor Child. , N.C.App., November 3, 2009 Appeal by respondent from judgment entered 16 March 2009 by Judge Gary S. Cash in Buncombe County District Court. Heard in the Court of Appeals 14 September 2009. John C. Adams, for petitioner-appellee. Carol Ann Bauer, for respondent-appellant. Michael N. Tousey, for guardian ad litem. GEER, Judge. Respondent mother appeals from the judgment terminating her parental rights to her son, T.G.W. ("Troy"). [FN1] On appeal, respondent argues only that the trial court abused its discre... In the Matter of N.F. Minor Child. , N.C.App., November 3, 2009 Appeal by Respondent from order entered 2 March 2009 by Judge Rebecca B. Knight in Buncombe County District Court. Heard in the Court of Appeals 5 October 2009. Buncombe County Department of Social Services, by Matthew J. Putnam, for Petitioner-Appellee. Ryan McKaig, for Respondent-Appellant Mother. Michael N. Tousey, for Guardian ad Litem. BEASLEY, Judge. On 15 November 2007, the Buncombe County Department of Social Services (Petitioner) filed a petition alleging that N.F [FN1... WORSHIP VENTURES OF ARKS, L.L.C., Plaintiff v. JUDD MINISTRIES, INC., Defendant, and Judd Ministries, Inc., Third Party Plaintiff, v. Arks, Incorporated and Robert Franklin Knowles, Third Party Defendants. , N.C.App., November 3, 2009 Appeal by plaintiff and third party defendants from orders entered 23 June 2008 by Judge A. Leon Stanback, Jr., in Wake County Superior Court and 22 September 2008 by Judge Orlando F. Hudson, Jr., in Wake County Superior Court. Heard in the Court of Appeals 20 August 2009. Sanford W. Thompson, IV, and Tart Law Group, by Joseph Tart, for plaintiff and third party defendants. No brief submitted by defendant or third party plaintiff. ELMORE, Judge. BACKGROUND A. The complaint. On 9 March ... Deborah L. HODGES, Plaintiff, v. Mike M. HODGES, Defendant. Deborah L. Hodges, Plaintiff, v. Mike M. Hodges, Defendant. Deborah L. Hodges, Plaintiff, v. Mike M. Hodges, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 8 August 2008 and 23 September 2008 by Judge Robert S. Cilley in Henderson County District Court. Heard in the Court of Appeals 14 September 2009. Prince, Youngblood & Massagee, PLLC, by Richard J. Tanker and Sharon B. Alexander, for plaintiff-appellee. Whitmire & Beeker, by Dawn Skerrett, for defendant-appellant. MARTIN, Chief Judge. Mike Hodges ("defendant") appeals from the entry of an equitable distribution order and the denial of a Rule 60... In the Matter of M.X., Minor Child. , N.C.App., November 3, 2009 Appeal by respondents from order entered 29 January 2009 by Judge Regan A. Miller in Mecklenburg County District Court. Heard in the Court of Appeals 7 September 2009. Kathleen Arundell Widelski for petitioner-appellee. Respondent-appellant mother, pro se. Respondent-appellant father, pro se. N.C. Administrative Office of the Courts, by Associate Counsel Pamela Newell Williams, for appellee guardian ad litem. GEER, Judge. Respondent mother and respondent father appeal from the... In the Matter of C.B. and S.B. , N.C.App., November 3, 2009 Appeal by respondent-father from order entered 2 March 2009 by Judge Richlyn B. Holt in Macon County District Court. Heard in the Court of Appeals 28 September 2009. William R. Shilling for petitioner-appellee Department of Social Services. Michael E. Casterline for respondent-appellant father. Robinson, Bradshaw & Hinson, P.A., by Ty E. guardian ad litem. ELMORE, Judge. Respondent-father appeals from a district court order terminating his parental rights to his two daughters, tw... STATE of North Carolina v. Robert Dean TAYLOR, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgment entered 14 July 2008 by Judge James U. Downs in McDowell County Superior Court. Heard in the Court of Appeals 7 May 2009. Attorney General Roy Cooper, by Assistant Attorney General Sandra Wallace-Smith, for the State. Parish, Cooke & Condlin, by James R. Parish, for defendant-appellant. GEER, Judge. Defendant Robert Dean Taylor appeals his conviction for first degree murder, contending the trial court improperly instructed the jury on the credibilit... STATE of North Carolina v. Rodney Labrinth MILLER, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from order entered 6 February 2009 by Judge W. Robert Bell in Mecklenburg County Superior Court. Heard in the Court of Appeals 12 October 2009. Roy Cooper, Attorney General, by Joseph Finarelli, Assistant Attorney General, for the State. Robert W. Ewing, for defendant-appellant. MARTIN, Chief Judge. On 6 February 2009, defendant Rodney Labrinth Miller pleaded guilty to the Class B1 felonies of first-degree rape under N.C.G.S. § 14-27.2(a) and first-degree sexual ... STATE of North Carolina v. Jose M.G. HERNANDEZ, Defendant. , N.C.App., November 3, 2009 Appeal by defendant from judgments entered 17 September 2002 by Judge W. Russell Duke, Jr. in Pitt County Superior Court. Heard in the Court of Appeals 31 August 2009. Roy Cooper, Attorney General, by Christopher W. Brooks, Assistant Attorney General, for the State. Jarvis John Edgerton, IV, for defendant-appellant. MARTIN, Chief Judge. Defendant appeals from judgments entered on his convictions of common law attempted murder in the first degree, assault on a law enforcement officer... BUMPERS v. COMMUNITY BANK. , N.C., November 2, 2009 Matthew W. Sawchak, for Community Bank. Darryl J. May, for Community Bank. F. Douglas Ross, for Community Bank. J. Jerome Hartzell, for Bumpers, Travis T. Mallam J. Maynard, for Travis T. Bumpers. Rebecca M. Rich. John R. Wester. Stephen C. Keadey. Adam K. Doerr. The following order has been entered on the motion filed on the 2nd of November 2009 by Plaintiff-Appellant for Extension of Time to File Brief: "Motion Allowed. Plaintiff shall have up to and including th... David E. SIMPSON v. UNION COUNTY DISTRICT ATTORNEY State of North Carolina. , N.C., October 30, 2009 David Simpson, for Simpson. Robert Montgomery, Special Deputy Attorney General, for State of NC. Daniel P. O'Brien, Assistant Attorney General, for State of North Carolina. John Snyder, District Attorney. ORDER Upon consideration of the application filed by Plaintiff on the 12th of October 2009 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Union County: "Denied by order of the Court in conference, this the ... STATE of North Carolina v. Eddie Dean PAYNE. , N.C., October 29, 2009 David Belser, for Payne. Richard A. Graham, Assistant Attorney General, for State of NC. Jeff Hunt, District Attorney. AMENDED ORDER Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by DefendantAppellant on the 6th of January 2009 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed by orde... STATE v. Bobby E. BOWDEN. , N.C., October 28, 2009 William P. Hart, Special Deputy Attorney General, for State of NC. Katherine Jane Allen, Assistant Appellate Defender, for Bowden. Rick Ehrhart, for Ehrhart, Rick. Mr. Edward W. Grannis, Jr., District Attorney. The following order has been entered on the motion filed on the 26th of October 2009 by Rick Ehrhart for Stay and Review: "Motion Dismissed without prejudice to refile in Superior Court by order of the Court in conference this the 28th of October 2009." HELMS v. LANDRY. , N.C., October 23, 2009 Angelique Landry, for Landry. John D. Boutwell, for Helms, Bryan Tate. Bryan Helms, for Helms, Bryan Tate The following order has been entered on the motion filed on the 23rd of October 2009 by Defendant-Appellee for Leave to File Reply Brief: "Motion Allowed by order of the Court iin conference this the 23rd of October 2009." © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com