State v. Oates Editor's Note: The following opinion has been withdrawn by an order of the Court of Appeals of North Carolina, dated July 7, 2011. The trial judge announced that he was granting defendant’s motion to suppress in open court on Dec. 14, 2009, and the state did not give oral notice of appeal. Instead, the state filed notice of appeal on Dec. 30, 2009; however, the trial judge did not enter his written order granting defendant’s motion to suppress until March 22, 2010 – after which the state did not file notice of appeal or ask this court to treat its brief as a petition for writ of certiorari.
We must dismiss the state’s appeal because it did not give proper notice of appeal, and this court is without jurisdiction to hear the appeal.
Tagged with: Criminal Practice search & seizure suppression motion Untimely
Read More »