Joseph Edwards Teague, III v. North Carolina
1. Was COA17-1 134 dispositive of appeal brought to NC Court of Appeals? COA Decision never addressed "good faith exception" issue state vs fed with affidavit from Detective Braswell to establish probable cause for search warrant. Good Faith Exception principle is handled differently in Fed and at state level Appendix D. When one NC judge addresses principle differently than another (Tyson in this case v McGee in Dave and others) and NC Supreme Court declines to address inconsistency. US Supreme Court must address to protect due process for everyone. Was the 10/30/18 denial of motion by Judge Doughton for suppression of evidence filed by Counsel for ioeiii Brad Polk properly dispositive by Judge Morgan 12/8/16 simply accepting it as appealable on review and not addressing at that point to possibly end the case there? Aside.. .Does counsel have to move for review of underlying decision with bearing on the case at hand.. .to stipulate the Judgment is appealable and should it have been appealable there addressed there before stipulating it for others without review. It defeats rights to speedy trial. On the one hand Judge Tyson is led to cure any underlying defect in a case to reach a final decision and in the other Morgan on matter of Motion to Suppress is OK to defer to appeal to others as matter of form. So, was Denial of Motion to Suppress properly disposed of by Judge Morgan simply preserving right to appeal kicking the ball down the court effectively for its effect on court system and cost to all parties.
2. Was the denial of motion for suppression of evidence filed by Counsel for Joeiii. Brad Polk. by Judge Doughton not before Judge Morgan dispositive of that Motion. So, was the Order denying the Motion to Suppress the core evidence used to claim probable cause valid for not being fully dispositive of the issues in the motion for not having addressed the substantive element of the matter (there was no "there", there was no specificity. Detective Braswell succeeded in obtaining an open phishing warrant on me Joe Teague iii?
Was COA17-1134 dispositive of appeal brought to NC Court of Appeals?