Legal Question in Appeals and Writs in North Carolina

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.