State v. Maxwell, 466P89

Decision Date18 January 1990
Docket NumberNo. 466P89,466P89
Citation389 S.E.2d 83,326 N.C. 53
CourtNorth Carolina Supreme Court
PartiesSTATE of North Carolina v. William Dickson MAXWELL.

Prior report: 96 N.C.App. 19, 384 S.E.2d 553; 325 N.C. 548, 385 S.E.2d 494.

Ellen B. Scouten, Asst. Atty. Gen., for the State.

Latham, Wood, Eagles & Hawkins, Graham, Singleton, Murray & Craven, Fayetteville, for defendant.

ORDER

Upon consideration of the petition filed by Attorney General 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 18th day of January 1990."

Upon consideration of the petition filed by Attorney General for Writ of Supersedeas and Temporary Stay of the judgment of the Court of Appeals, in this matter, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Stay dissolved. By order of the Court in conference, this the 18th day of January 1990."

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4 cases
  • State v. Kelly, No. COA03-612 (NC 5/18/2004)
    • United States
    • North Carolina Supreme Court
    • May 18, 2004
    ...his penis in the presence of the victim. State v. Maxwell, 96 N.C. App. 19, 23-25, 384 S.E.2d 553,556-57 (1989), cert. denied, 326 N.C. 53, 389 S.E.2d 83 (1990). The Court went on to [W]e find that this is essentially a case of who and what to believe — the prosecutrix' accusations or defen......
  • State v. Sheffield
    • United States
    • North Carolina Court of Appeals
    • April 5, 2022
    ... ... Smith , 152 N.C. App. at 523, 568 S.E.2d at 295. 17 There, we relied on State v. Doisey , Hinson , and State v. Maxwell. See State v. Doisey, 138 N.C. App. 620, 626, 532 S.E.2d 240, 244, disc. rev. denied , 872 S.E.2d 128 352 N.C. 678, 545 S.E.2d 434 (2000), ... ...
  • Holden v. Hughes, No. 1:97cv185-P (W.D.N.C. 1/22/1998)
    • United States
    • U.S. District Court — Western District of North Carolina
    • January 22, 1998
    ... ... this court to hold his petition in abeyance pending exhaustion of his unexhausted claims in state court. A federal habeas court cannot hold a case on its docket pending exhaustion of state ... Wright , 98 N.C. App. 658, 392 S.E.2d 125 (1990), and State v. Maxwell , 96 N.C. App. 19, 384 S.E.2d 553 (1989), disc. review denied , 326 N.C. 53, 389 S.E.2d 83 (1990) ... ...
  • State v. Everhart, No. COA04-739 (NC 5/17/2005), COA04-739
    • United States
    • North Carolina Supreme Court
    • May 17, 2005
    ...to abduct the two young girls. In State v. Maxwell, 96 N.C. App. 19, 24, 384 S.E.2d 553, 556 (1989), disc. review denied, 326 N.C. 53, 389 S.E.2d 83 (1990), a sexual abuse case, we held that evidence stating defendant enjoyed sleeping and walking around in the nude was not proper under Rule......

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