STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF MACON SUPERIOR COURT DIVISION FILE NO. 10 CRS

Transcription

1 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF MACON SUPERIOR COURT DIVISION FILE NO. CRS 00 STATE OF NORTH CAROLINA ) TRANSCRIPT VS. ) Volume I of V ISAAC HUTCHINSON BIRCH ) (pgs. - ) The above-captioned case coming on for hearing at : a.m. at the criminal session of the Superior Court of Macon County, Franklin, North Carolina, before the Honorable Judge Bradley B. Letts, Judge Presiding, and the following proceedings were had, to wit: A P P E A R A N C E S For the State: Ashley Hornsby Welch, Assistant District Attorney T. Jason Arnold, Assistant District Attorney Macon County Courthouse P.O. Box Franklin, NC For the Defendant: Pro Se June, Reported by: Diane L. Thommes, CSR, RPR Certified Realtime Reporter REQUEST DATED: June, DATE DELIVERED: June,

2 THE COURT: Mr. Birch, if you would step around, please. MS. HORNSBY WELCH: Your Honor, I misspoke. He did not sign a waiver in district court. Judge Davis entered one for him. THE COURT: CRS 0. Good morning, Mr. Birch. I need to find out what you want to do about an attorney. You can hire your own, represent yourself, or ask for a court-appointed attorney. MR. BIRCH: I don't see any need for one right now until the issue at hand is resolved. THE COURT: And what is the issue at hand? MR. BIRCH: Jurisdiction of the state, sir. THE COURT: Oh, okay. Just have a seat and I'll hear you. MR. BIRCH: Before we went on the record, I'm reserving all my rights. THE COURT: You're going to have to talk a little louder so she can take down everything you say. This is CRS 0. MR. BIRCH: Before we went on the record, I'm reserving all my rights. I filed a notice. I think the paperwork stands for itself. THE COURT: Do you wish to be heard on this? MR. BIRCH: Like I said, I believe it stands for

3 itself. THE COURT: Okay. Your motion is denied. What do you want to do about an attorney, hire your own, represent yourself, or ask for court-appointed counsel? MR. BIRCH: It wasn't a motion, sir. THE COURT: Okay. Show that the defendant refuses to answer the Court; the Court will therefore enter a waiver of counsel for the defendant, Mr. Birch. When does this matter need to be set for trial? MR. ARNOLD: We're prepared to try this case now, your Honor. MR. BIRCH: I object. THE COURT: Objection is overruled. When do you want to schedule this for trial? MR. ARNOLD: Let's hold it open this week, if we can get to it. If not, the week of / will be just fine. THE COURT: Mr. Birch, your jury trial will be this week. You need to stay in touch with the DA's office. The jury will be coming in in the morning, and we'll let you know when your matter is called for trial. MR. BIRCH: Aren't Rule (a) under the General Statute -- isn't Rule (a) in force right now? THE COURT: Yes, sir, it is. And I have made my ruling, and my ruling is final. You have a nice day. We'll be in touch with you.

4 MR. BIRCH: All right. Look forward to it. (Whereupon, the proceedings were concluded at : a.m.)

5 CERTIFICATE STATE OF NORTH CAROLINA ) COUNTY OF MACON ) I, DIANE L. THOMMES, the officer before whom the foregoing proceeding was taken, do hereby certify that said proceeding, pages through, inclusive, is a true and correct and verbatim transcript of said proceeding. I further certify that I am neither counsel for, related to, nor employed by any of the parties to the action in which this proceeding was heard; and further, that I am not a relative or employee of any attorney or counsel employed by the parties thereto, and am not financially or otherwise interested in the outcome of the action. Diane L. Thommes, CSR, RPR Certified Realtime Reporter Official Reporter

6 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF MACON SUPERIOR COURT DIVISION FILE NO. CRS 00 STATE OF NORTH CAROLINA CERTIFICATE VS. OF ISAAC HUTCHISON BIRCH DELIVERY This is to certify that the transcript proceedings held on June, in the above-entitled case was originally requested on the st day of June,, and was delivered and/or mailed to the attorney(s) of record as indicated below originally on the th day of June,, and hereby was delivered and/or mailed to the attorney(s) of record as indicated below a second time on the th day of December,. Diane L. Thommes, CSR, RPR Certified Realtime Reporter Official Reporter P.O. Box Cashiers, North Carolina () - Isaac Hutchison Birch Judd Duvall Lane Franklin, NC