Legal Question in Appeals and Writs in North Carolina

NC Court of Appeals

Can District Attorney's file appeals with the NC Court of Appeals? Are appeal's only filed for Defendants?


Asked on 11/19/03, 1:48 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: NC Court of Appeals

Generally speaking, either side can appeal an adverse ruling (once there is a final judgment). The problem for the State (and the District Attorney), however, is that by operation of the "double jeopardy" doctrine, the State cannot re-try the Defendant. Therefore, the State cannot practically appeal from, e.g., evidentiary issues, or jury instructions, once a jury renders a verdict for the Defendant. If, however, the Court (trial court) takes the issue from the jury (i.e. dismisses the State's case), then I believe the DA can appeal (because a verdict was not reached). You may want to consult a lawyer with your specific situation.

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Answered on 11/19/03, 8:08 pm


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