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State v. Miller

Citations: 706 S.E.2d 473; 365 N.C. 90Docket: 516P10

Court: Supreme Court of North Carolina; March 9, 2011; North Carolina; State Supreme Court

Narrative Opinion Summary

The Supreme Court of North Carolina addressed the petition for discretionary review filed by Fred Goins Miller III on December 8, 2010, regarding a decision made by the North Carolina Court of Appeals. The Court, after consideration, denied the petition. The denial was formalized in an order dated March 10, 2011, and this order is certified to the North Carolina Court of Appeals. The legal representatives involved included William D. Spence for the defendant and Philip A. Lehman, along with District Attorney Thomas J. Keith, for the State.

Legal Issues Addressed

Certification of Supreme Court Orders

Application: After the Supreme Court of North Carolina makes a decision on a petition, the order is formally certified to the relevant lower court, ensuring the decision is officially communicated and recorded.

Reasoning: The denial was formalized in an order dated March 10, 2011, and this order is certified to the North Carolina Court of Appeals.

Discretionary Review by Supreme Court

Application: The Supreme Court of North Carolina has the authority to grant or deny petitions for discretionary review of decisions made by lower courts. In this case, the Court exercised its discretion to deny the petition filed by Fred Goins Miller III.

Reasoning: The Supreme Court of North Carolina addressed the petition for discretionary review filed by Fred Goins Miller III on December 8, 2010, regarding a decision made by the North Carolina Court of Appeals. The Court, after consideration, denied the petition.