Tuesday, March 20, 2007, 4:13 PM

Appeal Dismissed For Insufficient Assignments Of Error, Though COA Still Reviewed Merits

In the unpublished State v Oxendine, filed today, the COA dismissed an appeal for deficient assignments of error. The Court said the assignments failed to specify any legal basis for the alleged errors.

Notably, the Court also looked to the assignments' transcript references, but found those, too, failed to provide any further specification of the basis for the defendant's assignments of error.

Also importantly, while the COA dismissed the appeal due to the deficient assignments of error, which failed to preserve the defendant's arguments, the Court nevertheless reviewed the appeal on the merits and found the appeal to be without merit.


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