You represent a defendant charged with DWI. You move to suppress evidence in district court. The district court enters a preliminary determination in your favor. The State appeals. The superior court disagrees with the district court and remands the case with instructions to deny your motion. Your client pleads guilty. You appeal to superior court. You want the court of appeals to consider the merits of your motion. What should you do to preserve that right? Here’s what you shouldn’t do. Permit your client to enter a guilty plea and attempt to appeal pursuant to G.S. 15A-979(b). State v. Hutton, ___ N.C. App. ___ (November 17, 2015). The court of appeals in State v. Hutton held that the defendant had no right to seek review of the ruling on his motion to suppress in an impaired driving case when the district court did not enter a final judgment pursuant to G.S. 20-38.6(f). The defendant in Hutton moved to suppress evidence in district court. The district court judge preliminarily indicated that he intended to grant the motion. The State appealed. The superior court reversed the preliminary determination below and remanded the case with instructions to deny the motion to suppress. The district court, however, never entered a final ruling on the motion to suppress. The defendant nevertheless pled guilty and subsequently appealed to superior court for trial de novo. He again pled guilty in superior court and entered notice of appeal to the court of appeals. The court of appeals held that [...]
Faculty Coordinators
