State v. Capps

Weltner, Justice.

The state appeals from an order sustaining the defendants’ motion to suppress evidence seized during execution of a search warrant issued on March 22, 1985, by Victor Mulling, Judge Emeritus of the Municipal Court of Savannah, under authority of Ga. L. 1984, p. 4422, as amended by Ga. L. 1985, p. 4028, effective March 20, 1985.

1. The constitutional issues are controlled by our decision in State v. Boatright, 256 Ga. 23 (342 SE2d 674) (1986).

2. The absence of formal designation by Judge Andre of Judge Emeritus Mulling to serve as a magistrate under the terms of the 1985…