State v. Inman

Because I believe defendant’s purported appeal should be treated as a writ of certiorari, I respectfully dissent and would affirm the trial court order.

“This Court does have the authority pursuant to North Carolina Rule of Appellate Procedure 21(a)(1) to treat the purported appeal as a petition for writ of certiorari” which we may grant in our discretion. Luther v. Seawell, 191 N.C. App. 139, 142, 662 S.E.2d 1, 3 (2008) (citations and quotation marks omitted). The majority notes that “a petition for writ of certiorari must be filed ‘with the clerk of the court of the appellate division to…