State v. Smith

Decision Date19 December 2002
Docket NumberNo. 534P02.,534P02.
PartiesSTATE of North Carolina v. Frankie Ray SMITH.
CourtNorth Carolina Supreme Court

Joseph B. Cheshire, IV, John Keating Wiles, Raleigh, for Smith.

Jill B. Hickey, Assistant Attorney General, for State.

Prior report: 152 N.C.App. 514, 568 S.E.2d 289.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 19th day of December 2002."

Upon consideration of the petition filed 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 19th day of December 2002."

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21 cases
  • State Carolina v. Brown
    • United States
    • North Carolina Court of Appeals
    • May 3, 2011
    ...568 S.E.2d 289, 295 (evidence of defendant's possession of pornographic materials), disc. review denied, appeal dismissed, 356 N.C. 623, 575 S.E.2d 757 (2002); State v. Doisey, 138 N.C.App. 620, 626, 532 S.E.2d 240, 244–45 (2000) (evidence that defendant placed a camcorder in a bathroom use......
  • State v. Alvarez
    • United States
    • North Carolina Court of Appeals
    • February 15, 2005
    ...under Rule 404(b) is guided by two constraints: similarity and temporal proximity.") (citation omitted), cert. denied, 356 N.C. 623, 575 S.E.2d 757 (2002). The State offered evidence concerning the robberies by defendant of Severo Peralta, Marchello Young, and Toledo Leopoldo. All three rob......
  • State v. Bush
    • United States
    • North Carolina Court of Appeals
    • May 18, 2004
    ...times in question. See State v. Smith, 152 N.C.App. 514, 521-22, 568 S.E.2d 289, 294, disc. review denied, appeal dismissed, 356 N.C. 623, 575 S.E.2d 757 (2002). While Rule 404(b) relating to prior bad acts of defendant is generally a rule of inclusion, the evidence offered must be relevant......
  • State v. Delsanto
    • United States
    • North Carolina Supreme Court
    • August 2, 2005
    ...therewith on a particular occasion." State v. Smith, 152 N.C.App. 514, 521, 568 S.E.2d 289, 294, disc. review denied, 356 N.C. 623, 575 S.E.2d 757 (2002). Such evidence is only permissible if it is relevant to show something other than a defendant's character or propensity to commit the cri......
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