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Home / Courts / Criminal Practice – Dismissal – Search & Seizure – Motion to Suppress (access required)

Criminal Practice – Dismissal – Search & Seizure – Motion to Suppress (access required)

State v. Joe After the trial court granted defendant’s motions to dismiss the charge of resisting a public officer and to suppress evidence seized in his post-arrest search, the state announced to the trial court that it “would be unable to proceed with the case in chief” on the remaining charges of cocaine possession and attainment of habitual felon status. We do not agree with our Court of Appeals that the prosecutor’s statements amounted to a dismissal in open court; furthermore, the trial court had no authority to enter an order dismissing the remaining charges on its own motion.

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