In re Smith

Supreme Court of North Carolina

In re Smith

Opinion

IN THE SUPREME COURT OF NORTH CAROLINA

No. 88A16

Filed 17 March 2017 IN THE MATTER OF TOMMIE JUNIOR SMITH, Claim for Compensation Under the North Carolina Eugenics Asexualization and Sterilization Compensation Program

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 785 S.E.2d 111 (2016), dismissing an appeal from a decision and order filed on 7 May 2015 by the North Carolina Industrial Commission and remanding the matter to the Commission for transfer to the Superior Court, Wake County, under N.C.G.S. § 1-267.1(a1). On 9 June 2016, the Supreme Court allowed the State’s petition for discretionary review of additional issues. Heard in the Supreme Court on 13 February 2017.

UNC Center for Civil Rights, by Elizabeth Haddix and Mark Dorosin; and

Pressly, Thomas & Conley, PA, by Edwin A. Pressly, for claimant-

appellant/appellee.

Joshua H. Stein, Attorney General, by Elizabeth A. Fisher, Assistant Solicitor

General, and Amar Majmundar, Special Deputy Attorney General, for

defendant-appellant/appellee State of North Carolina.

PER CURIAM.

IN RE SMITH

Opinion of the Court

For the reasons stated in In re Redmond, ___ N.C. ___, ___ S.E.2d ___ (Mar. 17, 2017) (No. 86A16), the decision of the Court of Appeals is reversed, and this case is remanded to the Court of Appeals.

REVERSED AND REMANDED.

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Reference

Status
Published
Syllabus
Appeal from Industrial Commission's denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant's constitutional challenge to a statutory requirement to qualify for the Program whether the Court of Appeals has jurisdiction over the appeal application of N.C.G.S. 1-267.1(a1).