State v. Miller, 247 N.C. App. 628 (May. 17, 2016)

The superior court erred by denying the State a de novo hearing from the district court’s preliminary determination that the defendant’s motion to suppress should be granted. At issue was whether G.S. 20-38.7(a) “requires more than a general objection by the State to the district court judge’s findings of fact or an assertion of new facts or evidence in order to demonstrate a ‘dispute about the findings of fact.’” The court held: “Neither the plain language of N.C. Gen. Stat. § 20-38.7(a) nor § 15A-1432(b) requires the State to set forth the specific findings of fact to which it objects in its notice of appeal to superior court.”