Legal Opinion · Dissent

State v. Beezley

Missouri Court of Appeals

Decided May 18, 1988No. 15291Published

1DissentMaus, Judge

This case does not involve an unlawful seizure of evidence. It is not governed by § 542.296. See State v. Holzschuh, 670 S.W.2d 184 (Mo.App.1984). Nevertheless, I assume the associate division of the circuit court in conducting a preliminary hearing may properly entertain a motion to suppress evidence allegedly inadmissible for another reason. See Mo.Criminal Practice § 7.16 (2nd ed. 1986). I further assume that the state may appeal to this court an order sustaining such a motion in a preliminary hearing in the associate division of the circuit court. See § 547.200; State v. Brown, 722 S.W.2d…

2Cases cited13 opinions

  1. United States of America Ex Rel. Leo Anthony Digiangiemo v. Paul J. Regan, Commissioner, New York State Division of ParoleCourt of Appeals for the Second Circuit · 1975
  2. Briggs v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 1987
  3. People v. LewisSupreme Court of Colorado · 1983
  4. Franklin v. KlundtCourt of Appeals of Washington · 1987
  5. State v. McCordSupreme Court of Florida · 1981

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