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Legislature can’t keep high court from hearing MAR appeal
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 regarding motions for appropriate relief. Unlike some of the more recent efforts to box in […]
Criminal Practice — MAR – Racial Justice Act – Issue Preclusion
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 Racial Justice Act, the trial court’s decision was infected with the error this court recognized […]
Criminal Practice — Certiorari – MAR – Guilty Plea – Acceptance Procedures
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 the terms of his plea agreement but declined to grant him a continuance. G.S. § […]
Criminal Practice — MAR – Subject Matter Jurisdiction – State’s Appeal
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. Holding: According to G.S. § 15A-1422(c), a ruling on a motion for appropriate relief is […]
Criminal Practice – Motion for Appropriate Relief – New Trial – Newly Discovered Evidence – Drug Possession – Father’s Admission
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 f[...]
Criminal Practice – Motion for Appropriate Relief – Written Order
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.
Criminal Practice – Motion for Appropriate Relief – Divided Court
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 Jackson took no part in the consideration or decision of this case, and where the […]
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