State v. Summers

Decision Date05 October 2006
Docket NumberNo. 358P06.,358P06.
CourtNorth Carolina Supreme Court
PartiesSTATE of North Carolina v. Jasper Kalven SUMMERS.
ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 11th day of July 2006 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 5th day of October 2006."

Upon consideration of the petition filed on the 11th day of July 2006 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 5th day of October 2006."

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31 cases
  • State Carolina v. Brown
    • United States
    • North Carolina Court of Appeals
    • May 3, 2011
    ...viz., whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. State v. Summers, 177 N.C.App. 691, 697, 629 S.E.2d 902, 907 (“Once the trial court determines evidence is properly admissible under Rule 404(b), it must still determine if the p......
  • Dogwood Dev. & Mgmt. v. White Oak Transport
    • United States
    • North Carolina Supreme Court
    • March 7, 2008
    ...standard of review as required by Rule 28(b)(6)), disc. rev. denied, 361 N.C. 690, 654 S.E.2d 248 (2007), with State v. Summers, 177 N.C.App. 691, 700, 629 S.E.2d 902, 908-09 (citing Viar to support dismissal of issue when appellant failed to brief standard of review as required by Rule 28(......
  • State v. May
    • United States
    • North Carolina Court of Appeals
    • November 5, 2013
    ...in admitting evidence of similar sex offenses by a defendant for the purposes now enumerated in Rule 404(b)[.]” State v. Summers, 177 N.C.App. 691, 696, 629 S.E.2d 902, 906,disc. review denied,360 N.C. 653, 637 S.E.2d 192 (2006) (citation and quotation marks omitted). Moreover, “evidence of......
  • State Of North Carolina v. Register, COA09-629.
    • United States
    • North Carolina Court of Appeals
    • September 7, 2010
    ...ruling is manifestly unsupported by reason.’ ” State v. Ray, --- N.C.App. ----, ----, 678 S.E.2d 378, 384 (quoting State v. Summers, 177 N.C.App. 691, 697, 629 S.E.2d 902, 907, appeal dismissed and disc. review denied, 360 N.C. 653, 637 S.E.2d 192 (2006)), temporary stay allowed, 363 N.C. 5......
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