I have not been able to re-create this situation with eyeballer build 3/5. It may have only been an issue with build 3/4 (and possibly previous).... One issue that I am monitoring (occurred with Eyeballer build 3/4 build) has to do with charging and usb operation. After the NC was fully charged, it indicated that it was running off battery and was discharging even though the charger was plugged in. Also during this time, plugging the usb into the computer had no effect (no indication of usb connection on the NC or the PC and I was beginning to think I had a bad usb/charging cable). Everything else seemed to be operating normal. A reboot cleared all of the above conditions.
Anyway... I am happy with build 3/5! Thanks to eyeballer for the builds! Thanks to all the devs for the improved state of CM9 encore!
BTW: I am sure this subject should have been posted in the development forum under "[DEV] CM9/ICS Work-In-Progress" or "[ROM][NC] Unofficial CM9 Nightly builds - with/without OpenGL", but at the time of the original post, those options were not available to me.