State v. Underwood

The state appeals an order granting defendant’s "motion in limine” to exclude a recording of a telephone conversation between defendant and an undercover police officer. Following the court’s ruling, the prosecutor said the state wished to appeal the ruling and would not proceed. The court then dismissed the indictment. Defendant first asserts the state has not appealed the dismissal and, even if the order suppressing the evidence is reversed, the case cannot be remanded for trial.

Defendant is incorrect for two reasons. First, the notice of appeal states that the appeal is from the order…