Jurisdiction
89.00 Jurisdiction
Marvin
A. Cummings, COA04-543, Brian Michael Aus
Judge recessed court sine die before habitual felon proceeding; therefore no
jurisdiction to sentence as habitual felon
Shon
Price, COA04-816, M. Alexander Charns
No jurisdiction to try misdemeanor in superior court or criminal case during
civil session.
Deborah
Knott, COA03-716, Robert Ewing
Superior court lacked jurisdiction to try defendant on charges dismissed in
district court pursuant to a bargained exchange
Timothy
Farris, COA-04-1069, Robert McAfee
Trial court entered a modified judgment and commitment, which substantially
changed the defendant's jail time credits, out of term, out of court and without
a hearing.
Michael
Holden, COA02-1478, Kirby Smith III
Insufficient evidence charged acts occurred in North Carolina and plain error
not to instruct jury on jurisdiction
John
M. Trent, 520A04, Matthew D. Wunsche
Ruling on motion to suppress identification made out of session and out of term
Timothy
Locklear, COA04-1621, Jeffrey Noecker
Verdict a nullity as case was submitted to jury after session had concluded.
Tony W. Dorton, COA06-405,
Daniel F. Read
Trial court lacked jurisdiction to resentence defendant while petition for discretionary
review pending
Mekose
Donte Siler, COA06-719, Bryan Gates
Judgment entered out of session.
John
M. Reber, COA06-594, Anne M. Gomez
Issue for jury as to whether D 15 or 16 at time offense; trial court erred by
failing to instruct jury on jurisdictional issue and submit special verdict
In
re D.B. and C.B., COA06-1426, Janet Ledbetter
DSS failed to get extension on original 30-day summons in termination of parental
rights case.
Earl
J. Watson, COA05-206, Daniel R. Pollitt
Court lacked jurisdiction in guilty plea case because indictments defective
Raymond
Watkins, COA07-774, Benjamin Dowling-Sendor
Trial court lost jurisdiction to enter sentence because delay of over a year
after entry of plea was unreasonable
Michael
Harrison Hunt, Jr. COA08-1377 Geoffrey Hosford
Judgment entered out of session with no order extending term
James
Halley, COA09-1051, James Parish
Cabarrus County had no jurisdiction to indict for offense committed in Rowan.