Volume: 337 Advance Sheet#: 4 STATE OF NORTH CAROLINA v. MARK ELLIOT CROTTS ) ) ) ) ) ORDER No. 257A93 (Filed 5 October 1994) The Court has received, pursuant to its order dated 2 December 1993, the order entered 31 August 1994 by Weeks, J., wherein Judge Weeks ruled on defendant's Motion for Appropriate Relief, filed 4 November 1993, and, based on findings of fact, concluded that defendant's "right to due process, a fair trial and the effective assistance of counsel were violated at the trial of this matter" and allowed defendant's motion as to certain issues. Having carefully reviewed the trial court's findings and conclusions and the supporting materials, this Court is of the opinion that defendant is entitled to a new trial. NOW, THEREFORE, IT IS ORDERED, ADJUDGED, and DECREED, pursuant to N.C.G.S. 15A-1418(c), that defendant's appeal be, and hereby is, terminated and the case is remanded to the Superior Court, Alamance County, for a new trial. By order of the Court in Conference, this 5th day of October, 1994. s/ Parker J. For the Court -- DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31 BRAY v. N.C. FARM BUREAU MUT. INS. CO. No. 401PA94 Case below: 115 N.C.App. 439 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. BROWING v. CAROLINA POWER & LIGHT CO. No. 225A94 Case below: 114 N.C.App. 229 Petition by plaintiffs for writ of certiorari to review the decision of the North Carolina Court of Appeals allowed 5 October 1994. COASTAL READY-MIX CONCRETE CO. v. N.C. COASTAL RES. COMM. No. 451P94 Case below: 116 N.C.App. --- (931SC976) Petition by defendant for temporary stay allowed 22 September 1994. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. Petition by Attorney General for writ of supersedeas denied and stay dissolved 5 October 1994. DAVIS v. JOYCE No. 418P94 Case below: 115 N.C.App. 728 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. DUBLIN v. UCR, INC. No. 361P94 Case below: 115 N.C.App. 209 Motion by plaintiffs to dismiss the appeal by defendant (U-Can Rent, Inc. II) and third-party defendant (Voyager Property and Casualty Ins. Co.) for lack of substantial constitutional question allowed 5 October 1994. Petitions by defendant (U-Can Rent, Inc. II) and third-party defendant (Voyager Property and Casualty Ins. Co.) for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. FREEMAN v. FREEMAN No. 393P94 Case below: 115 N.C.App. 565 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. IN RE DENNIS v. DUKE POWER CO. No. 246PA94 Case below: 114 N.C.App. 272 Petition by respondents (Duke Power, Nantahala & Public Staff) for writ of certiorari to review the decision of the North Carolina Court of Appeals allowed 5 October 1994. IN RE GERTZMAN No. 463P94 Case below: 115 N.C.App. 634 Petition by petitioners for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. LEONARD v. ENGLAND No. 417PA94 Case below: 115 N.C.App. 103 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. MARTIN v. PIEDMONT ASPHALT & PAVING CO. No. 6PA94 Case below: 113 N.C.App. 121 Petition by Industrial Commission for writ of supersedeas dismissed 6 October 1994. MAYO v. DUKE UNIVERSITY No. 387P94 Case below: 115 N.C.App. 567 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. MEDFORD v. HAYWOOD COUNTY HOSPITAL FOUNDATION No. 392PA94 Case below: 115 N.C.App. 474 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. MOOSE v. J. COBURN, INC. No. 419P94 Case below: 115 N.C.App. 568 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. NATIONWIDE MUTUAL INS. CO. v. MABE No. 312PA94 Case below: 115 N.C.App. 193 Petition by third-party defendant (NC Farm Bureau) for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. Petition by defendants (Mabe, et al) for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. Petition by third-party plaintiff (Jesse Willard Scott) for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. N.C. RAILROAD CO. v. FERGUSON BUILDERS SUPPLY No. 309P94 Case below: 114 N.C.App. 819 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. NEWTON v. NEW HANOVER COUNTY BD. OF EDUCATION No. 280A94 Case below: 114 N.C.App. 719 Petition by defendant for discretionary review pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals allowed 5 October 1994. PATTERSON v. PIERCE No. 353P94 Case below: 115 N.C.App. 142 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. PEAL v. SMITH No. 398PA94 Case below: 115 N.C.App. 225 Petition by defendants (Cianbro Corporation and Williams Brothers Construction) for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. SHIELDS v. EVANS No. 358P94 Case below: 115 N.C.App. 398 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. SMITH v. CITY OF KANNAPOLIS No. 400P94 Case below: 115 N.C.App. 565 Motion by plaintiffs to withdraw petition for writ of certiorari to review decision of the North Carolina Court of Appeals allowed 26 September 1994. STATE v. JENKINS No. 365P94 Case below: 115 N.C.App. 520 Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. Petition by Attorney General for writ of supersedeas denied and stay dissolved 5 October 1994. STATE v. JENNINGS No. 555A90-2 Case below: Superior Court 81CRS1400 81CRS1441 Motion by defendant for appointment of post-conviction counsel denied 5 October 1994 without prejudice to defendant's right to file the motion in superior court. STATE v. LANE No. 343P94 Case below: 115 N.C.App. 25 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. McEACHERN No. 416PA94 Case below: 115 N.C.App. 569 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 5 October 1994. STATE v. PARKER No. 363P94 Case below: 115 N.C.App. 399 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. PRIDDY No. 407P94 Case below: 115 N.C.App. 547 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. QUICK No. 459A94 Case below: 116 N.C.App. --- (9318SC956) Petition by Attorney General for temporary stay allowed 26 September 1994. STATE v. SCALES No. 293P94 Case below: 106 N.C.App. 707 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. STREETER No. 386P94 Case below: 115 N.C.App. 566 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. TAYLOR No. 405P94 Case below: 115 N.C.App. 732 Notice of appeal by defendant pursuant to G.S. 7A-30 (substantial constitution question) dismissed 5 October 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE v. WHITE No. 475P94 Case below: 116 N.C.App. --- (933SC33) Petition by defendant for discretionary review pursuant to G.S. 7A-31 dismissed 5 October 1994 without prejudice to defendant's right to refile on proper forms. STATE v. YOUNG No. 388P94 Case below: 115 N.C.App. 566 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. STATE AUTO. MUT. INS. CO. v. UNIVERSAL UNDERWRITERS INS. CO. No. 342P94 Case below: 115 N.C.App. 174 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. THOMPSON CADILLAC-OLDSMOBILE v. OLDSMOBILE DIV. OF GEN. MOTORS No. 378P94 Case below: 115 N.C.App. 566 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. TRANSYLVANIA COUNTY DSS v. CONNOLLY No. 415P94 Case below: 115 N.C.App. 34 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. VULCAN MATERIALS CO. v. GUILFORD COUNTY BD. OF COMRS. No. 364P94 Case below: 115 N.C.App. 319 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 October 1994. PETITIONS TO REHEAR CAPITAL OUTDOOR ADVERTISING v. CITY OF RALEIGH No. 136PA93 Case below: 337 N.C. 150 Petition by plaintiff to rehear pursuant to Rule 31 denied 5 October 1994. PHELPS v. PHELPS No. 144PA93 Case below: 337 N.C. 344 Petition by plaintiff to rehear pursuant to Rule 31 denied 5 October 1994.