Jernigan v. State

SHARP, Justice.

The first problem presented by this appeal is whether the question which petitioner raises is justiciable under the Post Conviction Act. The answer is No. The Act authorizes any prisoner serving a sentence in the State Prison System to institute a proceeding in the Superior Court of the county of his conviction to challenge the validity of his incarceration upon the following grounds: (1) that in the proceeding which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of North Carolina; (2) that the…