Comments on: I Want a New Trial! Now What? A District Court Judge’s Authority to Act Following Entry of Notice of Appeal for Trial De Novo (Part II) http://nccriminallaw.sog.unc.edu/?p=1086 UNC School of Government Blog Wed, 19 Jun 2013 13:57:38 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: James L. Smith http://nccriminallaw.sog.unc.edu/?p=1086&cpage=1#comment-11923 James L. Smith Sat, 17 Nov 2012 15:27:16 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1086#comment-11923 These issues came up recently after a bench trial in which Judge Samuel A. Cathey found defendant guilty of cyberstalking and then continued prayer for judgment on the payment of the costs and abiding by a 50C order.

You can read more of the sordid details at the blawg and here:
http://groups.google.com/group/alt.appalachian/browse_thread/thread/518aab70044429da?hl=en#

]]> By: El http://nccriminallaw.sog.unc.edu/?p=1086&cpage=1#comment-1679 El Fri, 26 Feb 2010 14:45:16 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=1086#comment-1679 I do not believe that a district court judge can modify pretrial release once notice of appeal is given. Specifically, N.C.G.S. §15A-534(e)(1) states that: “[A] district court judge may modify a pretrial release order of the magistrate or clerk or any pretrial release order entered by him at any time prior to: (e) (1) In a misdemeanor case tried in the district court, the noting of an appeal;”

N.C.G.S. §15A-534 (e) (2009) emphasis added.

Thus, under the plain language of the statute, once notice of appeal is given, the district court no longer has jurisdiction to modify a pretrial release order. Sometimes the state will like to use §15A-1453(a) which states: “ [w]hile an appeal is pending in the appellate division, the court in which the defendant was convicted has continuing authority to act with regard to the defendant’s release pursuant to Article 26, Bail,” § 15A-1453(a), this statute however is only applicable to cases that fall under article 91 (cases appealed to the appellate division-the court of appeals and the supreme court, and does not apply to cases in the trial division -the district and the superior court- which are governed by article 90.) See State v. Preston Smith supreme court no. 407PA04 (2005)- sorry I don’t have the nc supreme court case number but the court of appeals cite is 165 N.C. App. 256, 598 S.E.2d 408 (2004).

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