Appellate Cases

January 2nd, 2004 by

Appellate Cases
By: Paul Stam, Representative of the 37th District

NC Supreme Court

Delconte v. North Carolina (home schooling upheld), 313 NC 384 (1985) Amicus for the Rutherford Institute

Maready v. Winston-Salem (economic incentives upheld), 342 NC 708 (1996) Amicus for John Locke Foundation

Pulliam v. Smith – (custody/change of circumstance/active homosexuals) Amicus for NC Family Policy Council – 348 NC 616 (1998).

Smith Chapel Baptist Church v. Durham – (stormwater utility fees) 350 NC 805 (1999)

Stam v. State of North Carolina, 302 NC 357 (1981) (county funding of abortion stopped/state abortion funding upheld)

Rosie J. v. NC State Department of Human Resources (end of state abortion funding upheld) 347 NC 247 (1997) Amicus Brief for N.C. Right to Life

Azzolino v. Dingfelder (wrongful birth/life rejected) 315 NC 103 (1985) On the brief for Amicus NC Right to Life

In Re: Stumbo children – child neglect investigation (local counsel for Home School Legal Defense) 357 NC 279 (2003) Pope v. Easley – unconstitutional method of appointment of judges, 354 NC 544 (2001 Statute on appointment of appellate judges declared unconstitutional in part)

4th Circuit Court of Appeals

Manning v. Hunt (parental consent law upheld) 119 F.3rd 254 (4th Cir. 1997) Amicus for NC Right to Life

NC Right to Life vs. Bartlett (campaign finance statutes declared unconstitutional)168 F3d 705 (4th Cir. 1999) (Local counsel)

NC Right to Life v. Leake, 344 F. 3d 418 (4th Cir 2003) (campaign finance statutes declared unconstitutional) (local counsel) pet. for cert. pending

U.S. District Court

CARE v. Leake, (EDNC 2001) No. 5:00-CV-554-BO(3) (campaign finance statutes enjoined as applied) Beaumont v. FEC (campaign finance local counsel) 278 F. 3d 261 (4th Cir. 2002) 123 S.Ct. 2200 (2003) NORTH CAROLINA COURT OF APPEALS

Stam v. Hunt, 66 NC App 116 (1982) (abortion fund)

Jackson v. A Woman’s Choice – 130 N.C. App. 590 (1998) (forged parental consent)

State v. Shreve – 94 NC App 383 (1989) (new trial – instructions)

Crist v. Royal – (1988) (discovery)

Covington v. Apex, 108 NCApp 231 (1992) (spot zoning)

Whitman v. Forbes – 55 NC App 706 (1982) (constructive trust)

Sebrell v. Carter – 105 NC App 322 (1992) (adverse possession)

Black v. Davis – 87 CVS 10448 (deed not set aside)

FUNB v. Olive – 42 NC App 574 (1979) (discovery)

Starkey v. Cimarron, 70 NC App 772 (1984) (statute of repose)

Strother v. NC Farm Bureau – 90 NC App 734 (1988) (hail coverage)

Porter v. Department of Insurance – 40 NC App 376 (1979) (bondsmen)

Heartland v. Destiny – contract (wetlands)

Olive v. Great American – 76 NC App 180 (1985) (bad faith denial/insurance)

City of Raleigh v. Martin – 59 NC App 627 (1982) (condemnation)

Price v. Price – 42 NC App 66 (1979) (custody of child by incompetent)

Dorothy Roberson v. Roberson – 65 NC App 404 (1983) (partition – continuance – mentally ill)

Boucvalt v. County of Durham (2000) (attorney fees – unpublished)

In Re: Sugg – Will caveat (550 S.E. 2d 50) (jury instructions – will caveat sustained) (2001)

Batdorff v. NC Board of Elections – voter enforcement of Campaign Finance – 150 NC App 108 (2002)

Dollar v. Town of Cary – (writ of certiorari allowed by Supreme Court reinstating injunction of Town political ads after Court of Appeals granted writ of supersedeas) 153 NC App 309 (2002)

The writer represents Southern Wake County in the North Carolina House of Representatives.