The North Carolina Supreme Court issued a timely reminder of its status as a co-equal branch of government, sidestepping a state statute that purported to take away the high court’s jurisdiction to review decisions of the state’s Court of Appeals ...

Tagged with: Motion for Appropriate Relief

State v. Augustine (Lawyers Weekly No. 15-06-1157, 2 pp.) (Court in conference) (Cheri Beasley & Sam Ervin IV, JJ., not participating) Appealed from Cumberland County Superior Court. N.C. S. Ct. Holding: In granting respondents’ motions for appropriate relief under the ...

Tagged with: Motion for Appropriate Relief Racial Justice Act

State v. McGee (Lawyers Weekly No. 15-07-1138, 11 pp.) (John Tyson, J.) Appealed from Forsyth County Superior Court (L. Todd Burke, J.) N.C. App. Holding: Defendant argues that the trial court violated G.S. §§ 15A-1023(b) and 15A-1024 when it altered ...

Tagged with: Motion for Appropriate Relief

State v. Stubbs (Lawyers Weekly No. 15-06-0328, 6 pp.) (Robin Hudson, J.) (Cheri Beasley & Sam Ervin IV, JJ., not participating) Appealed from Cumberland County Superior Court (Gregory Weeks, J.) On appeal from the Court of Appeals. N.C. S. Ct. ...

Tagged with: Motion for Appropriate Relief

State v. Rhodes At defendant’s trial for drug possession, defendant’s father “plead the Fifth” when he was asked whether the drugs belonged to him, and defendant’s mother refused to testify against her husband. After defendant was convicted and placed on probation, defendant’s father admitted that the drugs were his. The judge who presided over defendant’s trial and motion for appropriate relief correctly found that the father’s admission was newly discovered evidence warranting a new trial.

Tagged with: Criminal Practice drug possession Motion for Appropriate Relief new trial

State v. Williamson Both the majority and the dissent in the Court of Appeals’ decision addressed the significance of the trial court’s denial of defendant’s motion for appropriate relief without entering a written order memorializing that decision. However, the trial court actually entered a written order, the existence of which apparently was not known to appellate counsel.

Tagged with: Criminal Practice Motion for Appropriate Relief

State v. Long. (Lawyers Weekly No. 11-06-0135, 1 p.) (Per Curiam) (Barbara Jackson, J., not participating) Appealed from Cabarrus County Superior Court. (Donald Bridges, J.) N.C. S. Ct. Click here for the full text of the opinion. Holding: Where Justice ...

Tagged with: Cabarrus County Criminal Practice Motion for Appropriate Relief