State v. Best
| Decision Date | 09 November 2011 |
| Docket Number | No. 374P11.,374P11. |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Dennis Lee BEST. |
OPINION TEXT STARTS HERE
John Keating Wiles, Raleigh, for Best, Dennis Lee.
Ward Zimmerman, Assistant Attorney General, for State of N.C.
Ben David, District Attorney, for State of N.C.
ORDER
Upon consideration of the petition filed on the 26th of August 2011 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 9th of November 2011.”
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10 cases
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State v. Pemberton
...(quoting Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674, 693 (1984)), disc. review denied,365 N.C. 361, 718 S.E.2d 397 (2011). The United States Supreme Court has articulated a two-part test for use in determining if a defendant is entitled to relief on in......
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State v. Mitchell
...felony; and (2) thereafter possessed a firearm.” State v. Best, ––– N.C.App. ––––, ––––, 713 S.E.2d 556, 561,disc. rev. denied,365 N.C. 361, 718 S.E.2d 397 (2011). It is uncontested that defendant had been convicted of a felony prior to the date in question. Therefore, the only element we m......
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State v. Lewis
...alone, might be sufficient to permit a reasonable inference that Defendant possessed the firearm in question”), disc. review denied,365 N.C. 361, 718 S.E.2d 397 (2011). The State, however, presented additional evidence tending to show that defendant possessed the handgun. In addition to evi......
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State v. Squirewell
...State v. Best , 214 N.C. App. 39, 46-47, 713 S.E.2d 556, 562 (quotation marks and citations omitted), disc. rev. denied , 365 N.C. 361, 718 S.E.2d 397 (2011). But, "[w]hen ... the defendant [does] not have exclusive control of the location where [the item] is found, constructive possession ......
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