Powell v. State

OPINION ON MOTION FOR REHEARING

MAKAR, J.

The State’s motion for rehearing does not challenge our holding that reversal of the defendants’ convictions is required because of the unconstitutional search of their home. Instead the State raises two points of appellate practice, one requiring little discussion, the other more elaboration.

The State’s motion begins by saying our opinion should be clarified because it “implies that the Appellee has to preserve claims” in the trial court. (Triple emphasis in original). The State is correct as to this introductory point of law: State v. Hankerson, 65…