State v. Kelliher

Decision Date23 October 2020
Docket Number442P20-1
Parties STATE v. James Ryan KELLIHER
CourtNorth Carolina Supreme Court

Kathryn L. VandenBerg, Assistant Appellant Defender, For Kelliher, James Ryan.

Robert C. Ennis, Assistant Attorney General, For State of North Carolina.

Glenn Gerding, Appellate Defender, For Kelliher, James Ryan.

Kimberly N. Callahan, Assistant Attorney General, For State of North Carolina.

William R. West, District Attorney, For State of North Carolina.

The following order has been entered on the motion filed on the 23rd of October 2020 by the State of North Carolina for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 23rd of October 2020."

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3 cases
  • State v. Conner
    • United States
    • North Carolina Supreme Court
    • June 17, 2022
    ...noted that this Court has stayed the operative effect of, and granted discretionary review in, the Kelliher decision. See 376 N.C. 900, 848 S.E.2d 493 (2020). The majority thus observed that Kelliher is not binding on the panels of the Court of Appeals. Conner , 275 N.C. App. at 760, 853 S.......
  • State v. Conner
    • United States
    • North Carolina Court of Appeals
    • December 31, 2020
    ...constitutions following the analysis conducted in State v. Kelliher , ––– N.C. App. ––––, 849 S.E.2d 333, temp. stay allowed , ––– N.C. ––––, 848 S.E.2d 493 (2020), I respectfully dissent.I. FACTUAL AND PROCEDURAL HISTORY Although I would dispense of this appeal consistent with Kelliher , D......
  • State v. Anderson
    • United States
    • North Carolina Court of Appeals
    • December 31, 2020
    ...state and federal constitutions as explained in State v. Kelliher , ––– N.C. App. ––––, 849 S.E.2d 333, temp. stay allowed , ––– N.C. ––––, 848 S.E.2d 493 (2020), I respectfully dissent.I. FACTUAL AND PROCEDURAL HISTORY Although I would decide this appeal consistent with Kelliher , the indi......

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