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State v. McLean Clarifies the Timeframe for Giving Oral Notice of Appeal to the Court of Appeals

Attorneys practicing in criminal superior court are likely familiar with the process of giving notice of appeal to the appellate division. Under Rule 4(a) of the North Carolina Rules of Appellate Procedure, a defendant can give notice by either (1) giving oral notice of appeal “at trial,” or (2) by filing a written notice of appeal within 14 days after entry of judgment and serving it on the State. A recent case explains what counts as “at trial” for purposes of giving notice of appeal. Under State v. McLean, COA 23-100, ___ N.C. App. ___ (Aug. 6, 2024), oral notice of appeal is considered made “at trial” and therefore timely as long as it is given within the session of superior court, which is typically one week. “[T]he period of time for Defendant to provide timely notice of appeal at trial commenced following sentencing and ended when the court session adjourned sine die.” McLean Slip op. at 8 (citation omitted) (emphasis in original). Although the defendant in McLean gave oral notice of appeal the morning after the pronouncement of the judgment in his case, the timing of the notice was proper, because the session had not yet ended. This post examines the holding and implications of the McLean decision.

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