State v. West
| Decision Date | 05 October 1995 |
| Docket Number | No. 342P95,342P95 |
| Citation | 341 N.C. 656,462 S.E.2d 524 |
| Parties | STATE of North Carolina v. Ronald Alvin WEST. |
| Court | North Carolina Supreme Court |
Philip P. Redwine, William M. Kunstler, Raleigh, for West. V. Lori Fuller, Assistant Attorney General, C. Colon Willoughby, Jr., District Attorney, for State.
Prior report: 119 N.C.App. 562, 459 S.E.2d 55.
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 5th day of October 1995."
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4 cases
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State Of North Carolina v. Horton
...150, 153, 476 S.E.2d 389, 391 (1996) (quoting State v. West, 119 N.C. App. 562, 565, 459 S.E.2d 55, 57, disc, review denied, 341 N.C. 656, 462 S.E.2d 524 (1995)), appeal dismissed and disc, review improvidently allowed, 346 N.C. 273, 485 S.E.2d 45 (1997). In making the required determinatio......
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State Of North Carolina v. Kincer
......Austin, 320 N.C. 276, 290, 357 S.E.2d 641, 650, cert, denied, 484 U.S. 916, 98 L. Ed. 2d 224 (1987) (internal citation omitted). If the answer to this question is in the affirmative, the trial court's conclusions of law are binding on appeal as well. State v. West, 119 N.C. App. 562, 565, 459 S.E.2d 55, 57 (citation omitted), disc, reviewdenied and appeal dismissed, 341 N.C. 656, 462 S.E.2d 524 (1995). Page 7 B. Legal Analysis 1. Multiple HP-14 Forms In challenging the trial court's decision to deny his suppression motion, Defendant first ......
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State v. Hogg, No. COA06-1207 (N.C. App. 6/5/2007)
...... DEFENDANT: I could have but I stayed . . . . (Emphasis added). Therefore, by defendant's own admission, Officer Dawson's investigatory stop was consensual, and when an encounter is consensual, "no reasonable suspicion is required" for the stop. State v. West, 119 N.C. App. 562, 566, 459 S.E.2d 55, 57.58 (quoting Florida v. Bostick, 501 U.S. 429, 434, 115 L. Ed. 2d 389, 398 (1991)), appeal dismissed and disc. rev. denied, 341 N.C. 656, 462 S.E.2d 524 (1995). The trial court, however, did not base its ruling on the fact that defendant's ......
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State v. Wilson, No. COA08-1536 (N.C. App. 7/21/2009)
...of force or submission to a show of authority." State v. West, 119 N.C. App. 562, 566, 459 S.E.2d 55, 58, disc. review denied, 341 N.C. 656, 462 S.E.2d 524 (1995) (citations omitted). "The test for determining whether a seizure has occurred is whether under the totality of the circumstances......