VIII. Appeal

• Jurisdiction: North Carolina

VIII. APPEAL

Defendants convicted in district court may appeal to the court of appeals after final judgment.²⁴ The defendant must file a notice of appeal within 14 days of the entry of a final judgment. Fed. R. App. P. 4(b)(1). Defendants may also file an interlocutory appeal of a detention order, the denial of nonfrivolous double jeopardy motions and an order transferring a juvenile for trial as an adult, among other decisions.

The government may appeal certain sentencing decisions, but its appeal rights are otherwise significantly constrained by the Double Jeopardy Clause. The government may appeal the pretrial dismissal of charges, the pretrial suppression of evidence, a judgment of acquittal, a post-trial grant of a new trial and pretrial and post-conviction release orders. 18 U.S.C. § 3731, 3145(c). The...