{
  "id": 8524193,
  "name": "STATE OF NORTH CAROLINA v. HARVEY WARD",
  "name_abbreviation": "State v. Ward",
  "decision_date": "1983-04-19",
  "docket_number": "No. 8216SC1030",
  "first_page": "747",
  "last_page": "748",
  "citations": [
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      "type": "official",
      "cite": "61 N.C. App. 747"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "285 S.E. 2d 98",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1981,
      "opinion_index": 0
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      "cite": "304 N.C. 195",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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        8566263,
        8566297,
        8566397,
        8566239
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    {
      "cite": "277 S.E. 2d 880",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1981,
      "opinion_index": 0
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    {
      "cite": "52 N.C. App. 97",
      "category": "reporters:state",
      "reporter": "N.C. App.",
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        12170019
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      "year": 1981,
      "opinion_index": 0,
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    {
      "cite": "282 S.E. 2d 567",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1981,
      "opinion_index": 0
    },
    {
      "cite": "54 N.C. App. 188",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8521080
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      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
    "cardinality": 222,
    "char_count": 2735,
    "ocr_confidence": 0.803,
    "pagerank": {
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  "last_updated": "2023-07-14T21:13:54.976609+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges HILL and JOHNSON concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. HARVEY WARD"
    ],
    "opinions": [
      {
        "text": "WELLS, Judge.\nRule 12(a) of the Rules of Appellate Procedure provides that \u201cno later than 150 days after giving notice of appeal, the appellant shall file the record on appeal with the clerk of the court to which appeal is taken.\u201d This requirement of Rule 12(a) is jurisdictional and it imposes a limit on the aggrieved party\u2019s right to appeal. See Piguerra v. Piguerra, 54 N.C. App. 188, 282 S.E. 2d 567 (1981); In re Farmer, 52 N.C. App. 97, 277 S.E. 2d 880, cert. denied, 304 N.C. 195, 285 S.E. 2d 98 (1981). Only the appropriate appellate court can extend this 150 day time limit. App. R. 27(c).\nJudgment in defendant Ward\u2019s case was entered on 21 April 1982 and he gave notice of appeal in open court either on that date or on the day appeal entries were made, 29 April 1982. Assuming that the latter date applies, defendant was required to file the record on appeal on or before Monday, 27 September 1982, the 151st day after notice. (See App. R. 27(a) on computing time when the last day falls on a Sunday.) The record in this case was filed on 4 October 1982, at least seven days late.\nWe note that on 28 July 1982, defendant, through counsel moved the trial court for a 30 day extension of time for preparing and serving on the State the proposed record on appeal and Superior Court Judge John C. Martin, properly within his discretion, gave defendant \u201can additional period of 30 days within which to prepare and serve the proposed record on appeal.\u201d (Emphasis supplied.) Our search of the record in this case (and, as an added precaution, of the files in this Court\u2019s Clerk\u2019s office) reveals that defendant has made no motion that the 150 day period for filing the record be extended.\nDefendant having filed the record in this case well beyond the 150 day limit set by App. R. 12(a), this appeal is\nDismissed.\nJudges HILL and JOHNSON concur.",
        "type": "majority",
        "author": "WELLS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Rufus L. Edmisten, by Special Deputy Attorney General Jo Anne Sanford, for the State.",
      "Gordon and Home, P.A., by John H. Horne, Jr., for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. HARVEY WARD\nNo. 8216SC1030\n(Filed 19 April 1983)\nCriminal Law \u00a7 155.1\u2014 failure to docket record in apt time\nAppeal is dismissed for failure of appellant to file the record on appeal in the appellate court within 150 days after giving notice of appeal, the time for filing the record on appeal not having been extended by the trial court\u2019s order extending the time for serving the proposed record on appeal.\nAppeal by defendant from Bailey, Judge. Judgment entered 21 April 1982 in SCOTLAND County Superior Court. Heard in the Court of Appeals 16 March 1983.\nDefendant was tried for offering a bribe to a public official. From judgment entered on a jury verdict of guilty, defendant appealed.\nAttorney General Rufus L. Edmisten, by Special Deputy Attorney General Jo Anne Sanford, for the State.\nGordon and Home, P.A., by John H. Horne, Jr., for defendant."
  },
  "file_name": "0747-01",
  "first_page_order": 779,
  "last_page_order": 780
}