Public-domain · open source
OpenJurist

318 N.C. 408

348 S.E.2d 593

State v. Henry

Supreme Court of North Carolina

Decided October 7, 1986

Supreme Court of North Carolina · decided 1986-10-07

Key passage — most relied on by later courts

“If the superior court finds that a judgment, ruling, or order dismissing criminal charges in the district court was in error, it must reinstate the charges and remand the matter to district court for further proceedings. The defendant may appeal this order to the appellate division as in the case of other orders of the superior court, including by an interlocutory appeal if the defendant, or his attorney, certifies to the superior court judge who entered the order that the appeal is not taken for the purpose of delay and if the judge finds the cause is appropriately justiciable in the appellate division as an interlocutory matter.”

quoted by 1 later decision, including 165 N.C. App. 256 - State v. Smith

“[t]here is no provision for appeal to the Court of Appeals as a matter of right from an interlocutory order entered in a criminal case.”

quoted by 1 later decision, including State v. Santifort

Relies on 7 N.C. App. 324 - State v. Black · 56 N.C. App. 439 - State v. Thompson

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-07

How this case has been cited

Cited by 54 later decisions — most recently December 2017 · most notably Olivetti Corp. v. Ames Business Systems, Inc. (1987), Armstrong v. Armstrong (1988)

54 state decisions

1901986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 There is no provision for appeal to the Court of Appeals as a matter of right from an interlocutory order entered in a criminal case, State v. Thompson, 56 N.C. App. 439, 289 S.E. 2d 132 (1982); State v. Black, 7 N.C. App. 324, 172 S.E. 2d 217 (1970). Defendant may appeal the superior court order reversing dismissal of criminal charges against him and remanding the cause to the district court, “as in the case of other orders of the superior court,” after a final judgment has been entered in the superior court. N.C.G.S. 7A-27(b) (1981); 15A-1432(d) (1983); 15A-1444 (1983).

¶2 Affirmed.

/318/nc/408 · .json · Public domain