OATES v. NORTH CAROLINA DEPT. OF CORRECTION

No. 938SC645.

442 S.E.2d 542 (1994)

114 N.C. App. 597

Larry D. OATES, Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Appellee.

Court of Appeals of North Carolina.

May 3, 1994.


Attorney(s) appearing for the Case

Eastern Carolina Legal Services by John R. Keller, Goldsboro, for petitioner appellant.

Atty. Gen. Michael F. Easley by Asst. Attys. Gen. Valerie L. Bateman and Deborah L. McSwain, Raleigh, for respondent appellee.


ARNOLD, Chief Judge.

Petitioner presents three arguments for our review, all of which maintain, for various reasons, that the superior court erred in affirming the SPC's decision. In his first argument, petitioner contends that the SPC's stated reasons for not adopting the ALJ's recommended decision are erroneous.

Respondent contends this argument is not properly before the Court and that our review is limited to a determination of whether the superior court...

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