State v. Tolliver

Tonnie Tolliver appeals from a post-conviction order denying his request for dismissal of uttering a forged writing charge and issuance of worthless check charges based on sufficiency of evidence grounds. The same order grants Tolliver a new trial because an illegally obtained confession was used against him.

A preliminary jurisdictional issue is presented. The state argues that the post-conviction order is a nonfinal order which is not appealable as a matter of right. The state does not object to our addressing Tolliver’s claims on a discretionary appeal basis. As suming the matter is…