Georgia v. AndradeAnnotate this Case
After a grand jury indicted Aram Andrade for rape and burglary, he moved to suppress evidence of statements that he had made to law enforcement officers. Before any trial commenced, the trial court granted this motion in part, finding that one of the statements was involuntary. Seventeen days later, the State filed a notice of appeal. The Court of Appeals, however, dismissed the appeal as untimely, finding that the State had attempted to bring its appeal under OCGA 5-7-1 (a)(5), which required that a notice of appeal be filed within two days of the order or judgment from which the appeal was taken. Contending that it instead had brought its appeal under OCGA 5-7-1 (a) (4), pursuant to which it had thirty days to file a notice of appeal, the State filed a petition to the Supreme Court for certiorari review. After review, the Supreme Court concluded the Court of Appeal erred in dismissing the State's appeal, reversed and remanded for further proceedings.