State v. Strickman

Weltner, Justice.

We received from the Court of Appeals the following certified question:

“Although otherwise considered an interlocutory ruling, in a criminal case where the defendant’s pre-trial motion in limine to suppress evidence is granted based upon allegations not involving illegal search and seizure, is the grant of such motion in limine subject to direct appeal by the state under OCGA § 5-7-1 (4)?”

Strickman’s pre-trial motion in limine was granted, excluding evidence of the results of a breath test claimed to have been made in violation of OCGA § 40-6-392 and the regulations of the…