Friday, October 12, 2012

NC Supreme Court, October 5, 2012

Just one criminal decision in this batch.

State v. Oates, Sampson County. Appeal of unanimous decision of Court of Appeals.

COA found that the state's oral motion to appeal suppression, made in open court after the grant of the motion, but 3 months prior to the issuing of a written decision, was untimely.

Under Rule 4, the relevant time period for filing notice of appeal begins when the judgment is rendered and ends 14 days after the entry of judgment. The state's appeal is timely.

Vacated and remanded to COA for decision on the merits.

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