In recent years, courts have generally deemphasized formalistic compliance with procedural rules. But sometimes, procedural considerations can still make or break a case. Take, for example, State v. Oates, __ N.C. App. __ (2011), decided last week. The case began in a seemingly routine manner. The police searched the defendant’s house pursuant to a search warrant, found a gun, and charged the defendant with being a felon in possession of a firearm. The defendant moved to suppress, apparently arguing that the warrant was issued without probable cause. Then the following sequence of events took place: 12/14/09 -- motion heard, judge orally grants motion 12/22/09 -- state files written notice of appeal 3/22/10 -- judge files written order granting motion The court of appeals sua sponte raised the issue of whether the state’s notice of appeal was effective, and concluded that it was not. It began by citing G.S. 15A-1445(b), which provides that “[t]he State may appeal an order by the superior court granting a motion to suppress as provided in G.S. 15A-979." Then, it noted that under N.C. R. App. P. 4(a), a party in a criminal case may appeal by “giving oral notice of appeal at trial, or. . . filing notice of appeal with the clerk . . . within fourteen days after entry of the judgment or order.” The court of appeals stated that “entry” of an order granting a motion to suppress takes place when the order is reduced to writing and filed. Because the state’s notice [...]
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