Wilkes County Superior Court Orders Prosecution to Produce More Evidence
State of North Carolina v. Amanda Lea Rose
Wilkesboro, N.C. | Wilkes County Superior Court
For part one, see Mandie Rose to Appeal Ruling in Superior Court
September 13, 2011 was the second day of a two week Wilkes County Superior Court session. NCAR citizen Mandie Rose had previously been advised by NC Assistant District Attorney Fred Bauer that she should be in court at 9:00 AM and that her case would be heard at that time. At 8:45 AM Cliff and Sara Muncy, Jill Ainsworth, and Mandie along with her husband Bobby arrived at the court house. At 4:04 PM, with only three others remaining in the court room, Mandie was finally called. Judge Lindsey Davis presiding stated that the burden of proof was on the state and listened while the ADA made a very valiant attempt at arguing subject matter jurisdiction. The opinion of most everyone in the NCAR group was that the judge remained impartial, and took the matter quite seriously. In Mandie's statement and rebuttal she pointed out the fact that the ADA was addressing subject matter jurisdiction, where the matter at hand was challenging their lawful claim to jurisdiction over the soil. Judge Davis required that the state produce more detailed evidence to support the jurisdictional claim within 14 days, and that the state was to provide said evidence to Ms. Rose prior to the next court date so that she may have ample time to review and prepare her argument. The ADA intends to have his evidence and bring forth his argument on Monday, September 19, 2011. With the Superior Court session only lasting through next week, he seems to want to get this out of the way so that it doesn't carry over into the next session in November.
Over the course of the next few days, we will be making solid efforts to obtain the transcript from yesterday's hearing as quickly as possible, and Mandie will be working closely with the NCAR Legal Team on strategy and preparation of upcoming arguments. As always, we will keep you apprised of how these events unfold, and we will let you know once the next hearing date has been scheduled. Also we will be posting the details of the transcript here on our website as soon as it becomes available, so keep an eye out.
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