Legal Opinion

State v. Koch

South Dakota Supreme Court

Decided August 1, 2012No. 26170PublishedCited by 3 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Courtney Koch was arrested for DUI on February 27, 2011. The magistrate judge entered an order suppressing all evidence obtained from the initial traffic stop. The State appealed to the circuit court. Koch moved to dismiss the appeal, which the circuit court denied. This Court granted Koch’s petition for intermediate appeal. The issue is whether the circuit court had jurisdiction to entertain the State’s appeal from the magistrate’s order suppressing the evidence. Because the magistrate’s order does not finally dispose of the case, it is not a final order appeal-able…

2Cases cited10 opinions

  1. New York v. QuarlesSupreme Court of the United States · 1984
  2. Commonwealth v. BosurgiSupreme Court of Pennsylvania · 1963
  3. Federal Trade Commission v. Minneapolis-Honeywell Regulator Co.Supreme Court of the United States · 1952
  4. State v. DavidsonOhio Supreme Court · 1985
  5. State v. WilliamsIndiana Court of Appeals · 1983

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3Cited by3 opinions

  1. State v. SharpfishSouth Dakota Supreme Court · 2019
  2. State v. EdelmanSouth Dakota Supreme Court · 2022
  3. State v. SmithSouth Dakota Supreme Court · 2014

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