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369 N.C. 64

State v. Ledbetter

Supreme Court of North Carolina

Decided September 22, 2016

Supreme Court of North Carolina · decided 2016-09-22

Relies on State v. Stubbs · Kimberley Rice Kaestner 1992 Family Trust v. N.C. Dep't of Revenue

Decided 2016-09-22

¶1ORDER

¶2Defendant’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)).

¶3By Order of the Court in Conference, this 22nd day of September, 2016.

s/Ervin. J.

¶4For the Court

¶5WITNESS my hand and the seal of the Supreme Court of North Carolina, this the 23rd day of September, 2016.

¶6J. BRYAN BOYD Clerk of the Supreme Court

¶7s/M.C. Hackney Assistant Clerk

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