Appealing Satellite-Based Monitoring Determinations

The court of appeals issued three opinions on Tuesday involving satellite-based monitoring (SBM) of sex offenders. In all three, offenders challenged trial court determinations that they had to enroll in SBM. As a threshold matter in each case the court of appeals considered whether the offender’s oral notice of appeal of the SBM determination was sufficient to bring the matter within the jurisdiction of the appellate division. In all three cases it wasn’t, but what the court did from there wasn’t the same in every case. Before getting into the details I should say a word about appeals of SBM determinations more generally. The statutes governing SBM determinations (G.S. 14-208.40 through -208.45, especially G.S. 14-208.40A and -208.40B) do not clearly set out a right to appeal a trial court order to enroll in SBM. It wasn’t until State v. Singleton (N.C. Ct. App., 5 Jan 2010)—decided over a year and a half after the court of appeals issued its first SBM decision in State v. Williams, 190 N.C. App. 173 (2008)—that the court explicitly addressed the jurisdictional basis for SBM appeals. In Singleton, the court concluded that SBM determinations are a final judgment in a civil (not criminal) action, appealable under G.S. 7A-27(b) (“From any final judgment of a superior court . . . appeal lies of right to the Court of Appeals.”). Then, earlier this year in State v. Brooks (N.C. Ct. App., May 18, 2010), the court concluded that under the Rules of Appellate Procedure, offenders appealing SBM orders [...]