State of North Carolina v. Norris Earl Francis, Jr., et al., 261 N.C. 358

Summary

The Supreme Court of North Carolina held that the defendants' timely filing of a federal removal petition, service of notice, and filing of a copy with the state-court clerk effected removal under 28 U.S.C. § 1446. Consequently, the state trial court's jurisdiction terminated, and the defendants' motion to arrest the judgments for lack of jurisdiction should have been allowed. The judgment was reversed.

Holdings

1. Under 28 U.S.C.A. §§ 1446(c) and 1446(e), removal was accomplished when defendants filed the petition in the appropriate federal district court, gave notice to the adverse parties, and filed a copy of the petition with the state-court clerk.
2. The Superior Court's jurisdiction terminated when the statutory removal requirements were satisfied; any challenge to the propriety of removal had to be presented by motion in the federal district court.
3. The defendants' motion to arrest the judgments for want of jurisdiction should have been allowed.

Questions Presented

1. Whether filing a removal petition in the federal district court, providing notice, and filing a copy with the state-court clerk effected removal of the state criminal prosecutions.
2. Whether the state Superior Court retained jurisdiction to try the defendants after the statutory removal steps had been completed.
3. Whether defendants' motion to arrest the judgments for lack of state-court jurisdiction should have been allowed.

Disposition

reversed