State v. Thomas

RUSSON, Justice:

We granted certiorari to review the Utah Court of Appeals’ decision that our holding in Salt Lake City v. Ohms, 881 P.2d 844 (Utah 1994) (prohibiting court commissioners from performing core judicial functions), does not apply to the issuance of a search warrant by a court commissioner. We are also asked to review the court of appeals’ refusal to address defendant’s claim that the trial court erred in denying his motion to suppress a positive eyewitness identification made from a suspect photo array. The court of appeals’ refusal was based upon inadequate briefing. State v.…