Opinion
No. 402P15
09-22-2016
STATE of North Carolina v. Donna Helms LEDBETTER
Meghan Adelle Jones, Attorney at Law, For Ledbetter, Donna Helms. Ashleigh P. Dunston, Assistant Attorney General, Christopher W. Brooks, Assistant Attorney General, Brandy Cook, District Attorney, For State of North Carolina.
Meghan Adelle Jones, Attorney at Law, For Ledbetter, Donna Helms.
Ashleigh P. Dunston, Assistant Attorney General, Christopher W. Brooks, Assistant Attorney General, Brandy Cook, District Attorney, For State of North Carolina.
ORDER
Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of State v. Thomsen, ––– N.C. ––––. 789 S.E. 2d 639 (2016), and State v. Stubbs, 368 N.C. 40, 770 S.E. 2d 74 (2015). See Thomsen, ––– N.C. at ––––, 789 S.E. 2d at 642 (recognizing N.C.G. S. 7A–32(c)"creates a default rule that the Court of Appeals has jurisdiction to review a lower court judgment by writ of certiorari"); Stubbs, 368 N.C. at 44, 770 S.E. 2d at 76 (recognizing that Rule 21 of the North Carolina Rules of Appellate Procedure cannot take away jurisdiction given to the Court of Appeals by N.C.G.S. 7A–32(c) ):"Spec Order by order of the Court in conference, this the 22nd of September 2016."
Upon consideration of the petition filed by Defendant on the 17th of December 2015 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Dismissed as moot by order of the Court in conference, this the 22nd of September 2016."
The following order has been entered on the motion filed on the 25th of August 2016 by Defendant to Lift the Abeyance of the Petition for Discretionary Review:
"Motion Allowed by order of the Court in conference, this the 22nd of September 2016."