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Tag Archives: subject-matter jurisdiction

Criminal Practice – Sex Offender Registration – Removal From List – Subject Matter Jurisdiction (access required)

In re Hutchinson Where the state agreed to the removal of a sex offender from its sex offender registry, it cannot ask the courts to rescind the removal because offenders are required to be registered for 10 years when the state raises that issue for the first time on appeal. The trial court, which upheld the removal, has subject matter jurisdiction on petitions of termination of registration even when the sex offenders have been registered in North Carolina for less than the normally requisite 10 years.

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Criminal Practice – Sex Offender Registration – Removal From List – Subject Matter Jurisdiction (access required)

In re Hutchinson Where the state agreed to the removal of a sex offender from its sex offender registry, it cannot ask the courts to rescind the removal because offenders are required to be registered for 10 years when the state raises that issue for the first time on appeal. The trial court, which upheld the removal, has subject matter jurisdiction on petitions of termination of registration even when the sex offenders have been registered in North Carolina for less than the normally requisite 10 years.

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Domestic Relations – Civil Practice – Subject Matter Jurisdiction – Parent & Child – Termination of Parental Rights – New Jersey Custody Determination (access required)

In re J.A.P. An initial custody determination was made in New Jersey, the father still lives in New Jersey, and nothing in the record indicates that a New Jersey court has determined that New Jersey “no longer has exclusive, continuing jurisdiction” or that “a court of this state would be a more convenient forum.” G.S. §§ 50A-201 and -203.Therefore, the trial court lacked subject matter jurisdiction over the mother’s petition to terminate the father’s parental rights.

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Contract – Civil Practice – Subject Matter Jurisdiction — Iraqi Military Equipment — Refurbishment & Disposal Agreement – Foreign Sovereign Immunity Rejected (access required)

Wye Oak Technology Inc. v. Republic of Iraq In this dispute over a company’s contract with the Iraqi Ministry of Defense to refurbish and dispose of Iraqi military equipment, the district court did not err in denying Iraq’s motion to dismiss on the basis of foreign sovereign immunity, the 4th Circuit says. Under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, a federal court has subject matter jurisdiction only if that claim falls within one of the FSIA’s exceptions to immunity.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Subject Matter Jurisdiction – Petition Verification (access required)

In re M.M. Even though the verification of the petition to terminate respondent’s parental rights pre-dates the filing of the petition by four days, this did not deprive the trial court of subject matter jurisdiction. We affirm the termination of respondent’s parental rights.

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Administrative – Civil Practice – Subject Matter Jurisdiction – Final Agency Action – Environmental – Harbor Dredging – Beach Nourishment (access required)

Village of Bald Head Island v. United States Army Corps of Engineers The purpose of the Corps of Engineers’ project was to keep Wilmington’s harbor open, not to nourish Brunswick County beaches; the Corps’ promise to nourish those beaches with any beach-grade dredged material was not a final agency action. Therefore, the court lacks subject matter jurisdiction over plaintiff’s complaint that its beach has not been nourished pursuant to the original dredging schedule. Defendants’ motion to dismiss is granted.

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Criminal Practice – Going Armed to the Terror of the People – Shooting While Driving – Subject Matter Jurisdiction – Assault Acquittal (access required)

State v. Toler Even though defendant presented evidence that he was unarmed at the relevant time, the state presented evidence that defendant shot a gun at his neighbors as he and they drove on a public highway. Therefore, the trial court correctly denied defendant’s motion to dismiss the charge of going armed to the terror of the people. We find no error in defendant’s conviction of going armed to the terror of the people. We vacate defendant’s conviction of assault with a deadly weapon and the trial court’s order for destruction of defendant’s guns.

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Workers’ Compensation – Subject Matter Jurisdiction – New York Job – N.C. Contract – Disability – Job Search (access required)

Anderson v. Butler International, Inc. Even though plaintiff was hired to work in New York, the employment contract was formed in North Carolina when defendant telephoned plaintiff at his home in North Carolina, offered plaintiff the job, and plaintiff accepted. Therefore, the N.C. Industrial Commission has jurisdiction over plaintiff’s workers’ compensation claim.

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Civil Practice – Abatement – Domestic Relations – Equitable Distribution – Real Property – Quiet Title Action – Subject Matter Jurisdiction (access required)

Tripp v. Tripp Where the plaintiff-husband had already submitted the issue of the ownership of a tract of land in Kure Beach to the Brunswick County District Court in an equitable distribution action, the New Hanover County Superior Court lacked subject matter jurisdiction over the husband’s action against his wife to quiet title in the same land. We affirm the superior court’s dismissal of the quiet title action; however, we remand with instructions to enter a dismissal without prejudice.

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Civil Practice – Subject Matter Jurisdiction – Standing – Real Property – Homeowners’ Association – Declaration & Bylaws (access required)

Queen’s Gap Community Association, Inc. v. McNamee Pursuant to the terms of the development’s declaration and the homeowners’ association bylaws, the association’s directors must still be appointed by the developer, the association may not hold a “special meeting”, and a vote of 75 percent of members is required before the association may file a lawsuit. The association failed to comply with its own declaration and bylaws, and this court lacks subject matter jurisdiction over the association’s complaint. Defendants’ motion to dismiss for lack of subject matter jurisdiction is granted.

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