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Today at the Court of Appeals (3/8/11)

By Sean E. Andrussier

Today, Tuesday, March 8, 2011, a panel of the North Carolina Court of Appeals comprised of Judges Robert C. Hunter, Stephens, and Ervin will hear oral arguments in the following cases:

State v. Carter - This appeal, which arises out of the fatal shooting of Winston-Salem Police Sergeant Howard Plouff, raises questions regarding whether the trial court should have suppressed statements made by Carter before he was given Miranda warnings; whether African-American jurors were wrongly excluded from the jury; whether the trial court erred in denying Carter's motion to dismiss the indictment; and whether the trial court erred by overruling Carter's objection to the submission of aggravating factors to the jury.

Record on Appeal
Appellant's Brief
Appellee's Brief

Wake Radiology v. NC DHHS - This appeal deals with an appeal of the decision by various State agencies to grant a Certificate of Need to Pinnacle Health Services of North Carolina to acquire a mobile magnetic resonance imaging scanner to serve various sites in Wake and Johnston Counties.

Record on Appeal - Part 1
Record on Appeal - Part 2
Record on Appeal - Part 3
Record on Appeal - Part 4
Record on Appeal - Part 5 (Not Available Online)
Appellant's Brief
Appellee NC DHHS's Brief
Appellee Intervenor Pinnacle Health Services' Brief

Full post as published by North Carolina Appellate Blog on March 08, 2011 (boomark / email).