State v. Neel Dillip Patel

Court of Appeals of Georgia

State v. Neel Dillip Patel

DecidedSeptember 10, 2020

DocketA21I0026

StatusPublished

This text of State v. Neel Dillip Patel (State v. Neel Dillip Patel) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Neel Dillip Patel, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 08, 2020

The Court of Appeals hereby passes the following order:

A21I0026. THE STATE v. NEEL DILLIP PATEL.1

In this criminal proceeding, the State has filed an application for interlocutory review, seeking to appeal the trial court’s order denying the State’s motion to dismiss the defendant’s motions to suppress and in limine as both untimely and insufficient in content. We lack jurisdiction. The State’s right to appeal in criminal cases is limited by statute. See OCGA § 5-7-1; State v. Outen, 289 Ga. 579, 580 (714 SE2d 581) (2011); Ritter v. State, 269 Ga. 884, 885 (2) (506 SE2d 857) (1998). “If the State attempts an appeal outside the ambit of OCGA § 5-7-1 (a), the appellate courts do not have jurisdiction to entertain it.” Outen, 289 Ga. at 580 (punctuation omitted). Although the State is authorized to appeal orders suppressing or excluding evidence under OCGA § 5-7-1 (a) (4) and (5), the order that the State seeks to appeal here neither suppresses nor excludes evidence. And while the State asserts that this Court has jurisdiction over this appeal under OCGA § 5-7-2 (a), that statute does not change our jurisdiction under OCGA § 5-7-1, but rather simply requires the State to obtain a certificate of immediate review from the trial court to appeal certain non-final orders.

1 Patel’s first name also is spelled “Neal” in the application materials. Consequently, because the trial court’s order denying the State’s motion to dismiss the defendant’s motions to suppress and in limine is outside the ambit of OCGA § 5-7-1 (a), this application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/08/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ September 08, 2020

The Court of Appeals hereby passes the following order:

A21I0026. THE STATE v. NEEL DILLIP PATEL.1

In this criminal proceeding, the State has filed an application for interlocutory review, seeking to appeal the trial court’s order denying the State’s motion to dismiss the defendant’s motions to suppress and in limine as both untimely and insufficient in content. We lack jurisdiction. The State’s right to appeal in criminal cases is limited by statute. See OCGA § 5-7-1; State v. Outen, 289 Ga. 579, 580 (714 SE2d 581) (2011); Ritter v. State, 269 Ga. 884, 885 (2) (506 SE2d 857) (1998). “If the State attempts an appeal outside the ambit of OCGA § 5-7-1 (a), the appellate courts do not have jurisdiction to entertain it.” Outen, 289 Ga. at 580 (punctuation omitted). Although the State is authorized to appeal orders suppressing or excluding evidence under OCGA § 5-7-1 (a) (4) and (5), the order that the State seeks to appeal here neither suppresses nor excludes evidence. And while the State asserts that this Court has jurisdiction over this appeal under OCGA § 5-7-2 (a), that statute does not change our jurisdiction under OCGA § 5-7-1, but rather simply requires the State to obtain a certificate of immediate review from the trial court to appeal certain non-final orders.

1 Patel’s first name also is spelled “Neal” in the application materials. Consequently, because the trial court’s order denying the State’s motion to dismiss the defendant’s motions to suppress and in limine is outside the ambit of OCGA § 5-7-1 (a), this application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/08/2020 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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State v. Neel Dillip Patel, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-neel-dillip-patel-gactapp-2020.

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