Legal Opinion

State v. Johnson

Court of Appeals of North Carolina

Decided December 12, 1973No. 7317SC641Published

1Opinion of the Court

PARKER, Judge.

Except in cases involving the custody of minor children, no appeal lies from a judgment entered in a habeas corpus proceeding, such judgment being reviewable only by way of certi-orari if the court in its discretion chooses to grant such writ. Surratt v. State, 276 N.C. 725, 174 S.E. 2d 524; In re Wright, 8 N.C. App. 330, 174 S.E. 2d 27. Similarly, no appeal lies from a final judgment entered in a proceeding for post-conviction review, in such case also review being available only by way of certiorari. G.S. 15-222; In re McBride, 267 N.C. 93, 147 S.E. 2d 597; Aldridge v. State,…

2Cases cited6 opinions

  1. State v. GreenCourt of Appeals of North Carolina · 1968
  2. Surratt v. StateSupreme Court of North Carolina · 1970
  3. Nolan v. StateCourt of Appeals of North Carolina · 1968
  4. In re the Custody of WrightCourt of Appeals of North Carolina · 1970
  5. Aldridge v. StateCourt of Appeals of North Carolina · 1969

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