Charging the Felony After a Misdemeanor Appeal
This question has come up more than once around here lately, so I thought it would be worth summarizing in a blog post. The defendant is in district court charged […]
July 16, 2014
Limits on the Use of Statements of Charges in Superior Court
This week, the court of appeals decided a case that is a good reminder about the limits of the State’s authority to address problems in charging documents by filing a […]
May 30, 2013
Trial De Novo
Two cases this month from the Court of Appeals, one published and one not, offer different perspectives on the meaning of an appeal for a “trial de novo” in superior […]
June 26, 2012
Braswell
Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes […]
February 23, 2010
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 […]
February 22, 2010
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 […]
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