State v. Smith

Sears, Justice.

The initial and dispositive question raised by this appeal is whether the State has the right to appeal the order of the trial court disqualifying the Cobb County District Attorney’s Office from prosecuting the appellee, Mark Steven Smith. We conclude that the trial court’s order does not fall within the limited number of cases in which the State has the right to appeal. Accordingly, we dismiss the appeal.

There is no right to appeal granted by either the State or Federal Constitutions to civil litigants or to the defendant or the State in criminal cases. Instead, the right of…