Article: NORTH CAROLINA SUPREME COURT ISSUES OPINION REGARDING STATE OF NORTH CAROLINA V. ERNEST ELLIS

The North Carolina Supreme Court issued the following opinion:

No. 638PA04

FILED: 26 JANUARY 2007

1. Appeal and Error_Supreme Court jurisdiction_review of Court of Appeals MAR decision

The Supreme Court had jurisdiction to review the decision of the Court of Appeals regarding defendant's motion for appropriate relief (MAR), because: (1) while N.C.G.S. Sec.Sec. 7A- 28(a) and 7A-31 ordinarily preclude the Supreme Court's review of Court of Appeals decisions on MARs in noncapital cases, a statute cannot restrict the Supreme Court's constitutional authority under Article IV, Section 12, Clause 1 of the North Carolina Constitution to exercise jurisdiction to review upon appeal any decision of ...

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