Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Hutton, 244 N.C. App. 128 (Nov. 17, 2015)
In this DWI case where the district court judge entered a preliminary determination that the results of the defendant’s blood alcohol test should be suppressed but the superior court reversed the preliminary determination on the State’s appeal and remanded to the district court for further proceedings, the defendant had no right of appeal to the court of appeals. Because the district court did not enter a final judgment pursuant to G.S. 20-38.6(f) denying the motion to suppress, the defendant could not seek review of the ruling on that motion. Although the court found it had authority to grant certiorari, it declined to do so.