State v. Singletary, 257 N.C. App. 881 (2018)

Held: 
Affirmed
  • “The mandate from the appellate division issues on the day that the appellate court transmits the mandate to the lower court, not the day when the lower court actually receives it.” (Emphasis in original). See Appellate Rule 32. In this case, the court of appeals opinion was filed on May 3, 2016, and the mandate issued 20 days later, May 23, 2016. The trial court had jurisdiction to act on the same day the mandate issued, May 23, 2016, even though the clerk did not receive the judgment and mandate until May 25, 2016.
Category:
Criminal Cases with Application to Child Welfare
Stage:
Appeal
Topic:
Mandate
Tags:
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Appellate Rule 32