State v. Ragland
| Decision Date | 27 August 2013 |
| Docket Number | No. 226P13.,226P13. |
| Citation | 747 S.E.2d 548 |
| Parties | STATE of North Carolina v. Joseph RAGLAND. |
| Court | North Carolina Supreme Court |
OPINION TEXT STARTS HERE
Kimberly P. Hoppin, for Ragland, Joseph.
John F. Oates, Jr., Assistant Attorney General, for State of North Carolina.
Susan I. Doyle, for State of North Carolina.
ORDER
Upon consideration of the petition filed on the 21st of May 2013 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A–31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
“Denied by order of the Court in conference, this the 27th of August 2013.”
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11 cases
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State v. Rankin
... ... Moreover, the State has not suggested that it was misled due to this deficiency in her notice of appeal. Thus, Defendants failure to designate this Court in her notice of appeal does not warrant dismissal of this appeal. See State v. Ragland , 226 N.C. App. 547, 553, 739 S.E.2d 616, 620 (denying defendants petition for certiorari where "defendants failure to serve the notice of appeal and his mistake in failing to name this Court in his notice of appeal [did] not warrant dismissal"), disc. review denied , 367 N.C. 220, 747 S.E.2d ... ...
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State v. Gantt
... ... Furthermore, " since this Court is the only court with jurisdiction to hear [D]efendant's appeal, it can be fairly inferred [D]efendant intended to appeal to this Court. " State v. Rouse , 234 N.C. App. 92, 94, 757 S.E.2d 690, 692 (2014) (quoting State v. Ragland , 226 N.C. App. 547, 553, 739 S.E.2d 616, 620, disc. review denied , 367 N.C. 220, 747 S.E.2d 548 (2013) ). Accordingly, neither of these technical deficiencies are jurisdictional in this case. 844 S.E.2d 350 Additionally, "a party upon whom service of notice of appeal is required may waive the ... ...
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State v. Rowe
... ... Afro–Am. Arts Int'l, Inc., 335 N.C. 231, 232, 436 S.E.2d 588, 589 (1993). Here, the State has raised the issue of defective service of the notice of appeal by objecting to the petition for writ of certiorari. Accordingly, lack of service has not been waived. See also State v. Ragland", ––– N.C.App. –––\xE2" ... ...
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State v. Rouse
... ... Ragland, –––N.C.App. ––––, ––––, 739 S.E.2d 616, 620, disc. review denied, – –– N.C. ––––, 747 S.E.2d 548 (2013). On appeal, defendant argues only that the failure to provide him with counsel at resentencing violated his constitutional and statutory ... ...
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