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Article: NORTH CAROLINA SUPREME COURT ISSUES OPINION REGARDING STATE OF NORTH CAROLINA V. ERNEST ELLIS
- Article from:
- US Fed News Service, Including US State News
- Article date:
- January 26, 2007
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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 ...