State v Smith

Smith sought to reinstate his right to appeal his cognition of first degree murder. The district court denied his motion. He appealed to the Court which transferred the case to the Court of Appeals. Smith argued that the Court had exclusive jurisdiction over the case. The Court rejected this argument holding that under 78A-102 and 103, the Court may transfer all appeals except direct review of capital convictions. As the appeal here concerns an attempt to reinstate an appeal and not a direct appeal of conviction, there is no exclusive jurisdiction in the Court and the transfer was legal. The Court returned the case to the Court of Appeals.