Goldston v. State Of North Carolina
| Decision Date | 08 October 2010 |
| Docket Number | No. 443A09.,443A09. |
| Citation | Goldston v. State, 364 N.C. 416, 700 S.E.2d 223 (N.C. 2010) |
| Parties | W.D. GOLDSTON, Jr., James E. Harrington, and citizens, taxpayers, and bondholders similarly situated v. STATE of North Carolina and Michael F. Easley, Governor, individually and in his official capacity. |
| Court | North Carolina Supreme Court |
OPINION TEXT STARTS HERE
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. ----, 683 S.E.2d 237(2009), affirming in part and reversing in part a judgment and order entered 27 March 2008 by Judge Joseph R. John, Sr., in Superior Court, Wake County.Heard in the Supreme Court 7 September 2010.
Boyce & Isley, PLLC, by G. Eugene Boyce and R. Daniel Boyce; and North Carolina Institute for Constitutional Law, by Robert F. Orr and Jeanette K. Doran, Raleigh, for plaintiff-appellees.
Roy Cooper, Attorney General, by Norma S. Harrell, Special Deputy Attorney General, John F. Maddrey, Assistant Solicitor General, and Christopher G. Browning, Jr., Solicitor General, for defendant-appellants.
Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr. Raleigh, for James E. Holshouser, Jr., James B. Hunt, Jr., James G. Martin, Willis P. Whichard, John L. Sanders, and Marvin Dorman, amici curiae.
Blanchard, Miller, Lewis & Isley, P.A., by E. Hardy Lewis, Raleigh, for Joe Hackney, Harold J. Brubaker, Hugh Holliman, Paul Stam, Marc Basnight, Dan Blue, Daniel G. Clodfelter, Fletcher L. Hartsell, Jr., Martin L. Nesbitt, Jr., and National Conference of State Legislatures, amici curiae.
Justice TIMMONS-GOODSON took no part in the consideration or decision of this case.The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals.Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value.See, e.g.,...
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State v. Todd
...which might have been decided but were not.” Goldston v. State , 199 N.C.App. 618, 624, 683 S.E.2d 237, 242 (2009), aff'd , 364 N.C. 416, 700 S.E.2d 223 (2010). See also Goetz v. N. Carolina Dep't of Health & Human Servs. , 203 N.C.App. 421, 432, 692 S.E.2d 395, 402–03 (2010) (“The law of t......
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Wetherington v. NC Dep't of Pub. Safety
...original) (quoting Hayes v. Wilmington , 243 N.C. 525, 536, 91 S.E.2d 673, 682 (1956) ), aff'd by an equally divided court , 364 N.C. 416, 700 S.E.2d 223 (2010).In his Petition for a Contested Case Hearing filed after Col. Grey issued his determination on remand, Petitioner argued, "The law......
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Stark v. Ford Motor Co.
...applies ... to issues that were decided in the former proceeding, whether explicitly or by necessary implication[.]”), aff'd,364 N.C. 416, 700 S.E.2d 223 (2010). Thus, whether the trial court's denial of the motion for a JNOV is properly before us, our Supreme Court's holding that the trial......
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State v. Craven
... 744 S.E.2d 458 STATE of North Carolina v. Marcus Arnell CRAVEN. No. 322PA10. Supreme Court of North Carolina. June 27, 2013 ... See, e.g., Goldston v. State, 364 N.C. 416, 700 S.E.2d 223 (2010) (per curiam). Nevertheless, the remedy ordered by ... ...