15b district court

Betsy J. Wolfenden petitions the North Carolina Supreme Court for stay pending her appeal.

http://www.scribd.com/doc/36010254/Betsy-Wolfenden-s-August-17-2010-Peti...

On July 13, 2010, the Honorable Allen Baddour, 15-B Superior Court Judge, dismissed all criminal charges against a defendant after 15-B Chief District Court Judge, Joseph M. Buckner, increased the defendant's bond from $1,000 to $25,000, after the defendant gave notice in open court of his intent to appeal Judge Buckner's judgment and sentence.

According to Judge Baddour, the defendant's constitutional right to due process required a dismissal of the charges when Judge Buckner increased the defendant's bond without making any findings of fact, contrary to the United States and North Carolina Constitutions, established law and local rules of court.

While Judge Baddour declined to find that Judge Buckner's conduct was "actually" vindictive or retaliatory, he did find that his conduct had the effect of deterring the defendant from exercising his constitutional right to a jury trial.