Can the State Obtain Appellate Review of a Judge’s Order Granting a Defendant’s MAR?

I’ve been asked a couple of times recently whether the state can obtain appellate review of a judge’s order granting a defendant’s motion for appropriate relief, or MAR. The questions have come up in the context of superior court proceedings, so that’s what this post will address. The answer might be different for district court … Read more

A Trap for the Unwary Prosecutor

In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ N.C. App. __ (2011), decided last week. The case began in a seemingly routine manner. The police searched the defendant’s house pursuant to a search … Read more

Class H and I Felonies in District Court

Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law extending this limited jurisdiction to the district court came into effect in 1996 (S.L. 1995-725), and it has been used more and more over time. … Read more

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)

Recall from yesterday’s post that we are considering the following scenario: Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an … Read more

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 I)

Jay Jones is charged with possession of drug paraphernalia and given an unsecured bond of $1,000. He is convicted following a bench trial in district court. Noting that Jones is a prior conviction level III and has previously violated probation, the judge imposes an active sentence of 120 days. Jones enters notice of appeal in … Read more

Analysis of DWI Procedures under Fowler and Palmer

Shea Denning, who is the motor vehicle and DWI expert on the School of Government’s faculty, has read, re-read, and re-re-read State v. Fowler and State v. Palmer, the recent Court of Appeals cases concerning the special procedures for motions to suppress and motions to dismiss in DWI cases. The product of her labors is … Read more

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DWI Appeal Procedures: Fowler and Palmer

Two statutes enacted as part of the Motor Vehicle Driver Protection Act of 2006, G.S. 20-38.6 and 20-38.7, significantly altered district court procedures for implied consent offenses committed on or after December 1, 2006.   G.S. 20-38.6(a) requires that motions to suppress evidence or dismiss charges in such cases be made pre-trial, except for motions to … Read more