Brower v. Killens, No. 322PA96

Docket NºNo. 322PA96
Citation345 N.C. 625, 481 S.E.2d 86
Case DateMarch 07, 1997
CourtUnited States State Supreme Court of North Carolina

Page 86

481 S.E.2d 86
345 N.C. 625
Stephen Moore BROWER
v.
Alexander KILLENS, Commissioner, North Carolina Division of
Motor Vehicles.
No. 322PA96.
Supreme Court of North Carolina.
March 7, 1997.

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 practice notes
  • Reynolds v. State
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 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 Several others have come to the same conclusion, but based upon a more functional, fact-intensive analysis, taking into account factors such as the......
  • Steinkrause v. Tatum, No. COA08-1080.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • December 8, 2009
    ...elements, is 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 sa......
  • State v. Bowes, No. COA02-323.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • July 15, 2003
    ...made 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 ac......
  • Powers v. Tatum, No. COA08-137.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • May 5, 2009
    ...proceeding. 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 In Summers, our Supreme Court distinguished its holding in Joyner and upheld this Court's determination that where the superior c......
  • Request a trial to view additional results
7 cases
  • Reynolds v. State
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 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 Several others have come to the same conclusion, but based upon a more functional, fact-intensive analysis, taking into account factors such as the......
  • Steinkrause v. Tatum, No. COA08-1080.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • December 8, 2009
    ...elements, is 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 sa......
  • State v. Bowes, No. COA02-323.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • July 15, 2003
    ...made 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 ac......
  • Powers v. Tatum, No. COA08-137.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • May 5, 2009
    ...proceeding. 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 In Summers, our Supreme Court distinguished its holding in Joyner and upheld this Court's determination that where the superior c......
  • Request a trial to view additional results

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