State v. Ledbetter
| Decision Date | 22 September 2016 |
| Docket Number | No. 402P15,402P15 |
| Citation | 793 S.E.2d 216 (Mem) |
| Parties | STATE of North Carolina v. Donna Helms LEDBETTER |
| Court | North Carolina Supreme Court |
Meghan Adelle Jones, Attorney at Law, For Ledbetter, Donna Helms.
Ashleigh P. Dunston, Assistant Attorney General, Christopher W. Brooks, Assistant Attorney General, Brandy Cook, District Attorney, For State of North Carolina.
Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of State v. Thomsen, ––– N.C. ––––. 789 S.E. 2d 639 (2016), and State v. Stubbs, 368 N.C. 40, 770 S.E. 2d 74 (2015). See Thomsen, ––– N.C. at ––––, 789 S.E. 2d at 642 (); Stubbs, 368 N.C. at 44, 770 S.E. 2d at 76 ():
"Spec Order by order of the Court in conference, this the 22nd of September 2016."
Upon consideration of the petition filed by Defendant on the 17th of December 2015 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:
"Dismissed as moot by order of the Court in conference, this the 22nd of September 2016."
The following order has been entered on the motion filed on the 25th of August 2016 by Defendant to Lift the Abeyance of the Petition for Discretionary Review:
"Motion Allowed by order of the Court in conference, this the 22nd of September 2016."
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State v. Ore
... ... 16 Other than recognizing this Court's power of jurisdiction to exercise our discretion of appellate review over petitions for writ of certiorari, nothing in the holdings of either State v. Stubbs , 368 N.C. 40, 770 S.E.2d 74 (2015) or State v. Ledbetter , 371 N.C. 192, 814 S.E.2d 39 (2018) bears any significance to the issues before us in this appeal. Neither Edgerson , nor N.C. Gen. Stat. 15A-1347 is cited in either opinion. 17 In Stubbs , our Supreme Court held: given that our state constitution authorizes the General Assembly to define ... ...
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State v. Ledbetter
..., 368 N.C. 40, 770 S.E.2d 74 (2015), and State v. Thomsen , 369 N.C. 22, 789 S.E.2d 639 (2016). State v. Ledbetter , 369 N.C. 79, 79, 793 S.E.2d 216, 216-17 (2016) (per curiam order).Upon reconsideration, the same panel of the Court of Appeals issued a unanimous opinion that again denied de......
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State v. Jones
... ... See State v. Biddix , N.C. App. , 780 S.E.2d 863 (2015), and State v. Ledbetter , N.C. App. , , 779 S.E.2d 164, 171 (2015) (holding that "Defendant's petition to issue a writ of certiorari does not assert grounds which are included in or permitted by Appellate Rule 21(a)(1)"), remanded for reconsideration in light of Stubbs and Thomsen , 369 N.C. 79, 793 S.E.2d 216 ... ...
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State v. Ore
... ... 16 Other than recognizing this Court's power of ... jurisdiction to exercise our discretion of appellate review ... over petitions for writ of certiorari, nothing in the ... holdings of either State v. Stubbs , 368 N.C. 40, 770 ... S.E.2d 74 (2015) or State v. Ledbetter , 371 N.C ... 192, 814 S.E.2d 39 (2018) bears any significance to the ... issues before us in this appeal. Neither Edgerson , ... nor N.C. Gen. Stat. § 15A-1347 is cited in either ... ¶ ... 17 In Stubbs , our Supreme Court held: ... given that our state constitution ... ...