State v. Thomas

Per Curiam'

The State appeals an order granting respondent Walter Thomas, Jr.’s motion to suppress evidence on the ground the search warrant was defective. We reverse.

Neither party addressed the threshold issue of the appealability of this order. Appellant’s case was called for trial and a jury selected, but not sworn, when respondent’s motion to suppress was heard and granted. From the agreed statement in the transcript of record we observe the Solicitor then “elected not to proceed with the case pending appeal of this issue to the Supreme Court.” (emphasis added). The State simply does not…