{
  "id": 8527289,
  "name": "STATE OF NORTH CAROLINA v. HENRY MATTHEWS GARNER, JR.",
  "name_abbreviation": "State v. Garner",
  "decision_date": "1984-04-17",
  "docket_number": "No. 8311SC998",
  "first_page": "761",
  "last_page": "762",
  "citations": [
    {
      "type": "official",
      "cite": "67 N.C. App. 761"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2142,
    "ocr_confidence": 0.8,
    "sha256": "ff88e2cd332d655f825c59064e8363d278902417dc05c05a6c7616e58be90203",
    "simhash": "1:8c0f21be3a539222",
    "word_count": 361
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  "last_updated": "2023-07-14T17:10:21.361774+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Johnson and Eagles concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. HENRY MATTHEWS GARNER, JR."
    ],
    "opinions": [
      {
        "text": "VAUGHN, Chief Judge.\nThe record shows that on 24 October 1977, defendant entered a plea of \u201cno contest\u201d to armed robbery and was thereby sentenced to forty years in state prison. When, pursuant to G.S. 15A-1415, defendant made a motion for appropriate relief on 17 November 1982, his right to appeal the armed robbery conviction had expired. The record discloses no appeal pending on 19 May 1983, when the trial court denied defendant\u2019s motion.\nThe provisions of G.S. 15A-1422(c) allow appeals from a denial of a motion for appropriate relief made under G.S. 15A-1415 only if: (1) the time for appeal from a conviction has not expired or (2) an appeal is pending at the time of the ruling. The appeal, therefore, must be and is hereby dismissed. We have treated the purported appeal as a petition for the issuance of a writ of certiorari. After an examination of the record and briefs, in our discretion, we deny the issuance of the writ.\nAppeal dismissed.\nPetition for writ of certiorari denied.\nJudges Johnson and Eagles concur.",
        "type": "majority",
        "author": "VAUGHN, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Nonnie F. Midgette, Assistant Attorney General, for the State.",
      "F. Jefferson Ward, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. HENRY MATTHEWS GARNER, JR.\nNo. 8311SC998\n(Filed 17 April 1984)\nCriminal Law \u00a7 181.1\u2014 motion for appropriate relief \u2014 time for filing expired\nWhere defendant entered a plea of \u201cno contest\u201d to armed robbery on 24 October 1977, and when, pursuant to G.S. 15A-1415, defendant made a motion for appropriate relief on 17 November 1982, his right to appeal the armed robbery conviction had expired, and no appeal was pending on 19 May 1983 when the trial court denied defendant\u2019s motion. Pursuant to G.S. 15A-1422(c) defendant\u2019s appeal from the denial of his motion for appropriate relief must fail since the time for appeal from a conviction had expired and no appeal was pending at the time of the ruling.\nAppeal by defendant from Brewer, Judge. Judgment entered 19 May 1983 in Superior Court, Lee County. Heard in the Court of Appeals 9 April 1984.\nDefendant attempts to appeal from a trial court order denying his motion for appropriate relief.\nAttorney General Edmisten, by Nonnie F. Midgette, Assistant Attorney General, for the State.\nF. Jefferson Ward, Jr., for defendant appellant."
  },
  "file_name": "0761-01",
  "first_page_order": 793,
  "last_page_order": 794
}