State v. Clark

Decision Date19 July 2001
Docket NumberNo. 314P01.,314P01.
Citation551 S.E.2d 108,353 N.C. 730
PartiesSTATE of North Carolina v. Elizabeth Magdelene CLARK a/k/a, Robin Gosnell.
CourtNorth Carolina Supreme Court

Robin Gosnell, Pro Se.

William N. Farrell, Jr., Senior Deputy Attorney General, William D. Kenerly, District Attorney, for State.

Prior report: 138 N.C.App. 392, 531 S.E.2d 482.

ORDER

Upon consideration of the petition filed by Defendant Pro Se in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, 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 19th day of July 2001."

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6 cases
  • State v. Butler
    • United States
    • North Carolina Court of Appeals
    • November 6, 2001
    ...inferences of the defendant's innocence." State v. Clark, 138 N.C.App. 392, 402-03, 531 S.E.2d 482, 489 (2000), cert. denied, 353 N.C. 730, 551 S.E.2d 108 (2001). Here, Officer Murphy testified that as he approached the cab, defendant was motioning for Thomas to drive away. Thomas testified......
  • State Of North Carolina v. Pearson
    • United States
    • North Carolina Court of Appeals
    • January 4, 2011
    ...555, 560, 551 S.E.2d 525, 530 (2001) (citing State v. Clark, 138 N.C. App. 392, 397, 531 S.E.2d 482, 486 (2000), cert, denied, 353 N.C. 730, 551 S.E.2d 108 (2001) (emphasis in original)), app. dismissed, 356 N.C. 307, 570 S.E.2d 885 (2002). In the absence of a showing of the intentional pre......
  • State v. McPhail
    • United States
    • North Carolina Court of Appeals
    • August 19, 2014
    ...determination for the trial court [,]” State v. Clark,138 N.C.App. 392, 398, 531 S.E.2d 482, 487 (2000), cert. denied,353 N.C. 730, 551 S.E.2d 108 (2001), with this determination to be made based upon an analysis of the facts and circumstances present in the case under consideration. Ruther......
  • State v. Glasco
    • United States
    • North Carolina Court of Appeals
    • September 2, 2003
    ...and allow the jury to resolve the issue. State v. Clark, 138 N.C.App. 392, 403, 531 S.E.2d 482, 489 (2000),cert. denied,353 N.C. 730, 551 S.E.2d 108 (2001) ("[a]though the State's case centered around circumstantial evidence, taken in the light most favorable to the State, it was sufficient......
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