Brower v. Killens

Decision Date07 March 1997
Docket NumberNo. 322PA96,322PA96
Citation345 N.C. 625,481 S.E.2d 86
PartiesStephen Moore BROWER v. Alexander KILLENS, Commissioner, North Carolina Division of Motor Vehicles.
CourtNorth Carolina Supreme Court

On discretionary review of a unanimous decision of the Court of Appeals, 122 N.C.App. 685, 472 S.E.2d 33 (1996), affirming an order entered on 22 June 1995 by Albright, J., in Superior Court, Guilford County. Heard in the Supreme Court 14 February 1997.

Smith, Follin & James, L.L.P. by Seth R. Cohen and Charles A. Lloyd, Greensboro, for petitioner-appellee.

Michael F. Easley, Attorney General by Sondra C. Panico, Associate Attorney General, and Hal F. Askins, Special Deputy Attorney General, for respondent-appellant.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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7 cases
  • Reynolds v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 15, 1999
    ...472 S.E.2d 33, 35 (N.C. App. 1996) (citations omitted), review allowed, 476 S.E.2d 112 (N.C. 1996), review improvidently allowed, 481 S.E.2d 86 (1997). Several others have come to the same conclusion, but based upon a more functional, fact-intensive analysis, taking into account factors suc......
  • Steinkrause v. Tatum
    • United States
    • North Carolina Court of Appeals
    • December 8, 2009
    ...virtually identical." Brower v. Killens, 122 N.C.App. 685, 690, 472 S.E.2d 33, 37 (1996), disc. review improvidently allowed, 345 N.C. 625, 481 S.E.2d 86 (1997). Thus, reasonable grounds in a civil revocation hearing means probable cause, and is to be determined based on the same criteria. ......
  • State v. Bowes
    • United States
    • North Carolina Court of Appeals
    • July 15, 2003
    ...in a prior DWI case in which the district attorney was a party. 122 N.C.App. 685, 472 S.E.2d 33 (1996), disc. review denied, 345 N.C. 625, 481 S.E.2d 86 (1997). Indeed, the Brower Court noted that "as DMV is also a servant of the people ..., we conclude the district attorney and DMV actuall......
  • Powers v. Tatum
    • United States
    • North Carolina Court of Appeals
    • May 5, 2009
    ...See, e.g., Summers, supra; Brower v. Killens, 122 N.C.App. 685, 472 S.E.2d 33 (1996), disc. review improvidently allowed, 345 N.C. 625, 481 S.E.2d 86 (1997). In Summers, our Supreme Court distinguished its holding in Joyner and upheld this Court's determination that where the superior court......
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