State v. Caltrider

This case presents, for the first time, a determination of the scope of Crim. R. 12(J).

In pertinent part, Crim. R. 12(J) reads;

*159“The state may take an appeal as of right from the granting of a motion for the return of seized property, or from the granting of a motion to suppress evidence if, in addition to filing a notice of appeal, the prosecuting attorney certifies that: (1) the appeal is not taken for the purpose of delay; and (2) the granting of the motion has rendered the state’s proof with respect to the pending charge so weak in its entirety that any reasonable possibility of effective…