State v. Fraternal Order of Eagles Aerie 0337 Buckeye

The issue presented in this case is whether the state has an appeal as of right from the granting of a motion to suppress after a trial has begun. The state’s right to appeal in criminal cases is statutory in nature, and found in R.C. 2945.67(A).1 It is apparent after reading this statute that the General Assembly has provided the state with an appeal, as of right, from four distinct rulings of a trial court in both criminal cases and juvenile delinquency proceedings: (1) a decision which grants a motion to dismiss all or any part of an indictment, complaint, or information; (2) a motion to…