Johnston v. State

Citation366 N.C. 562,738 S.E.2d 360 (Mem)
Decision Date07 March 2013
Docket NumberNo. 29A13.,29A13.
Parties Richard M. JOHNSTON v. The STATE of North Carolina.
CourtUnited States State Supreme Court of North Carolina

John Aldridge, III, Special Deputy Attorney General, for the State of North Carolina.

Dan L. Hardway, for Johnston, Richard M.

William P. Hart, Jr., Assistant Attorney General.

ORDER

Upon consideration of the petition filed by State of NC on the 16th of January 2013 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 7th of March 2013."

Upon consideration of the petition for discretionary review, filed by State of NC on the 16th of January 2013 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 for discretionary review as to additional issues is

"Denied by order of the Court in conference, this the 7th of March 2013."

BEASLEY, J., recused.

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).

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7 cases
  • Sandhill Amusements, Inc. v. Sheriff of Onslow Cnty.
    • United States
    • Court of Appeal of North Carolina (US)
    • September 5, 2014
    ...Johnston v. State, ––– N.C.App. ––––, ––––, 735 S.E.2d 859, 864 (2012), writ allowed, review on additional issues denied,366 N.C. 562, 738 S.E.2d 360 (2013) and appeal dismissed,366 N.C. 562, 738 S.E.2d 361 (2013) and aff'd, ––– N.C.App. ––––, 749 S.E.2d 278 (2013). Sheriff Brown argues tha......
  • Kimberley Rice Kaestner 1992 Family Trust v. N.C. Dep't of Revenue
    • United States
    • Court of Appeal of North Carolina (US)
    • July 5, 2016
    ...224 N.C.App. 282, 304, 735 S.E.2d 859, 875 (2012) (alteration in original), writ allowed, review on additional issues denied, 366 N.C. 562, 738 S.E.2d 360, aff'd, 367 N.C. 164, 749 S.E.2d 278 (2013). "No person shall be ... in any manner deprived of his life, liberty, or property, but by th......
  • State v. Williams, COA16-684
    • United States
    • Court of Appeal of North Carolina (US)
    • May 16, 2017
  • State v. Marion
    • United States
    • Court of Appeal of North Carolina (US)
    • April 1, 2014
  • Request a trial to view additional results

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