Legal Opinion

State v. McGaugh

Court of Appeals of Kansas

Decided June 22, 2018No. 117,599PublishedCited by 4 opinions

1Per curiam

Dennis McGaugh III seeks to appeal the district court's order denying his motion to seal the probable cause affidavit that led to his arrest in this case. McGaugh contends that the district court erred in its legal interpretation of the statute that governs release of the affidavit, K.S.A. 2017 Supp. 22-2302(c)(4)(C). But since McGaugh's criminal case has not yet reached a final judgment, a criminal defendant cannot take an interlocutory appeal, and the collateral order doctrine does not apply. Finding our lack of subject matter jurisdiction glaring, we dismiss McGaugh's prejudgment appeal…

2Cases cited31 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. Carroll v. United StatesSupreme Court of the United States · 1957
  5. Class v. United StatesSupreme Court of the United States · 2018

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3Cited by4 opinions

  1. In re J.P.Supreme Court of Kansas · 2020
  2. Lynn v. RossCourt of Appeals of Kansas · 2021
  3. State v. AnthonyCourt of Appeals of Kansas · 2020
  4. State v. GillilandCourt of Appeals of Kansas · 2021

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