State v. Neville

20 Citing cases

  1. State v. Futrelle

    831 S.E.2d 99 (N.C. Ct. App. 2019)   Cited 1 times

    Id. In State v. Neville , 108 N.C. App. 330, 423 S.E.2d 496 (1992), neither the "defendant nor his attorney signed the waiver of a Bill of Indictment attached to the Bill of Information ...." Id. at 332, 423 S.E.2d at 497.

  2. In re S.M.M.

    No. COA15-1295 (N.C. Ct. App. Jun. 21, 2016)

    "In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity." State v. Neville, 108 N.C. App. 330, 332, 423 S.E.2d 496, 497 (1992) (citation and internal quotation marks omitted). The fact that S.M.M. admitted to the charge is of no moment.

  3. In re W.A.W

    175 N.C. App. 592 (N.C. Ct. App. 2006)

    In the absence of an accusation the court a[c]quires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.'" State v. Neville, 108 N.C. App. 330, 332, 423 S.E.2d 496, 497 (1992). Respondent's admission did not waive this jurisdictional defect.

  4. North Carolina v. Gaddy

    2021 NCCOA 27 (N.C. Ct. App. 2021)

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction[,] a trial and conviction are a nullity.'" State v. Neville, 108 N.C. App. 330, 332, 423 S.E.2d 496, 497 (1992) (quoting McClure v. State, 267 N.C. 212, 215, 148 S.E.2d 15, 17-18 (1966)). Because challenges to the validity of an indictment implicate subject matter jurisdiction, we review these issues de novo.

  5. State v. Nixon

    263 N.C. App. 676 (N.C. Ct. App. 2019)   Cited 3 times

    This Court has previously held "the absence of a sufficient accusation or a formal waiver of indictment deprived the trial court of jurisdiction to accept defendant's plea and to enter judgment." State v. Neville , 108 N.C. App. 330, 333, 423 S.E.2d 496, 497 (1992). The State contends we should not deem the specific statutory requirements of section 15A-642 to be jurisdictional.

  6. State v. Memije

    737 S.E.2d 191 (N.C. Ct. App. 2013)   Cited 2 times

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.’ “ State v. Neville, 108 N .C.App. 330, 332, 423 S.E.2d 496, 497 (1992) (quoting McClure v. State, 267 N.C. 212, 215, 148 S.E.2d 15, 17–18 (1966)). As a result, if “an indictment is alleged to be invalid on its face, thereby depriving the trial court of [subject matter] jurisdiction, a challenge to that indictment may be made at any time, even if it was not contested in the trial court.”

  7. State v. Herman

    221 N.C. App. 204 (N.C. Ct. App. 2012)   Cited 19 times

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.’ ” State v. Neville, 108 N.C.App. 330, 332, 423 S.E.2d 496, 497 (1992) (quoting McClure v. State, 267 N.C. 212, 215, 148 S.E.2d 15, 17–18 (1966)). “[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of [subject matter] jurisdiction, a challenge to that indictment may be made at any time, even if it was not contested in the trial court.”

  8. State v. Harris

    219 N.C. App. 590 (N.C. Ct. App. 2012)   Cited 35 times
    Holding that indictment stating the defendant acted "willfully" sufficed to allege the requisite "knowing" element contained in the language of the statute

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.’ ” State v. Neville, 108 N.C.App. 330, 332, 423 S.E.2d 496, 497 (1992) (quoting McClure v. State, 267 N.C. 212, 215, 148 S.E.2d 15, 17–18 (1966)). “[W]here an indictment is alleged to be invalid on its face, thereby depriving the trial court of [subject matter] jurisdiction, a challenge to that indictment may be made at any time, even if it was not contested in the trial court.”

  9. State v. Billinger

    213 N.C. App. 249 (N.C. Ct. App. 2011)   Cited 22 times

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity.'" State v. Neville, 108 N.C. App. 330, 332, 423 S.E.2d 496, 497 (1992) (quoting McClure v. State, 267 N.C. 212, 215, 148 S.E.2d 15, 17-18 (1966)). As a "[p]rerequisite to its validity, an indictment must allege every essential element of the criminal offense it purports to charge."

  10. State v. Banks

    201 N.C. App. 591 (N.C. Ct. App. 2009)   Cited 2 times

    In the absence of an accusation the court acquires no jurisdiction whatever, and if it assumes jurisdiction a trial and conviction are a nullity." State v. Neville, 108 N.C. App. 330, 332, 423 S.E.2d 496, 497 (1992) (alterations in original) (internal quotation marks omitted). Thus, if an indictment "wholly fails to charge some offense . . . or fails to state some essential and necessary element of the offense of which the defendant is found guilty," it is fatally defective and does not grant the trial court jurisdiction to try the defendant for that charge.