Latisha Shana McCoy v. The State

Summary

The Georgia Court of Appeals dismissed Latisha Shana McCoy’s application for an interlocutory appeal concerning the denial of her motion to suppress evidence from a roadblock-related driving-under-the-influence arrest. The court held that the trial court’s certificate of immediate review was untimely because it was entered more than ten days after the order denying reconsideration.

Holdings

1. A certificate of immediate review must be entered within ten days after entry of the order sought to be reviewed; a certificate entered after that period is untimely, and the party must wait until final judgment to appeal.

Questions Presented

1. Whether the Court of Appeals had jurisdiction to review the denial of McCoy's motion to suppress and motion for reconsideration when the certificate of immediate review was entered 50 days after the order at issue.

Disposition

dismissed