State v. Prush

Decision Date11 June 2008
Docket NumberNo. 466P07.,466P07.
Citation362 N.C. 369,663 S.E.2d 855
PartiesSTATE of North Carolina v. Steven Charles PRUSH.
CourtNorth Carolina Supreme Court
ORDER

Upon consideration of the petition filed on the 26th day of September 2007 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 11th day of June 2008."

To continue reading

Request your trial
5 cases
  • State Of North Carolina v. Reavis, COA09-1425.
    • United States
    • North Carolina Court of Appeals
    • September 21, 2010
    ...of the case but are for the jury to resolve[.]” State v. Prush, 185 N.C.App. 472, 478, 648 S.E.2d 556, 560 (2007), disc. review denied, 362 N.C. 369, 663 S.E.2d 855 (2008). “The elements of first-degree burglary are: (i) the breaking (ii) and entering (iii) in the nighttime (iv) into the dw......
  • State v. Simmons
    • United States
    • North Carolina Court of Appeals
    • January 15, 2013
    ...but are for the jury to resolve[.]” State v. Prush, 185 N.C.App. 472, 478, 648 S.E.2d 556, 558 (2007), disc. review denied,362 N.C. 369, 663 S.E.2d 855 (2008). “[T]he State need only prove two elements to establish the crime of possession of a firearm by a felon: (1) defendant was previousl......
  • State v. Williams
    • United States
    • North Carolina Court of Appeals
    • November 3, 2009
    ... ... Mack, 188 N.C.App. 365, 380, 656 S.E.2d 1, 12 (2008) (citing State v. Fraley, 182 N.C.App. 683, 690, 643 S.E.2d 39, 44 (2007)). "Stipulations as to questions of law are generally held invalid and ineffective, and not binding upon the courts, either trial or appellate ... " State v. Prush, 185 N.C.App. 472, 480, 648 S.E.2d 556, 561 (2007) (citations and quotation marks omitted), disc. review denied, 362 N.C. 369, 663 S.E.2d 855 (2008). Furthermore, a trial court's determination of whether all the elements of a present offense are included in any prior offense involves the resolution ... ...
  • State Of North Carolina v. Luke
    • United States
    • North Carolina Court of Appeals
    • November 2, 2010
    ...law are generally held invalid and ineffective, and not binding upon the courts, either trial or appellate...." State v. Prush, 185 N.C. App. 472, 480, 648 S.E.2d 556, 561 (2007) (citations and quotation marks omitted), disc. review denied, 362 N.C. 369, 663 S.E.2d 855 (2008). State v. Will......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT