State v. Eisenbacher

OPINION

LESLIE, Judge.

The State appeals from a pretrial order in a prosecution for gross misdemeanor DWI. The order precluded the introduction of statements from an unknown citizen informer as hearsay and overruled a determination made on the same issue at an omnibus hearing. The State contends that the order is incorrect as a matter of law and alternatively, that a ruling on the admissibility of evidence at an omnibus hearing cannot be overruled by the presiding judge at a pretrial hearing. The respondent cross appeals alleging that appellant’s oral notice of intent to use statements in the…