State v. Smotherman

OPINION

in which WILLIAM M. BARKER, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and CORNELIA A. CLARK, JJ„ joined.

We granted this appeal to determine a certified question of law: whether the search of the defendant’s residence by law enforcement officers based upon an affidavit that included information from a confidential informant who was referred to as an “agent” should be suppressed. The Court of Criminal Appeals held that an inadequate appellate record prevented an examination of the issue. We conclude, however, that the absence of the transcript of the suppression hearing from…