Berry v. State

Johnson, Chief Judge.

Sterling Berry was accused of possessing cocaine. He pled not guilty to the accusation, and the case was set for trial. The day before his trial, Berry filed a motion to suppress the cocaine on the basis that it had been unlawfully seized. The judge denied the motion because it was untimely.

Berry then moved in limine to exclude evidence of the cocaine because he had not received a copy of the state laboratory report. The prosecutors explained that they had gotten the report from the state laboratory only seven days before trial and that they had immediately mailed a copy…