Blakely v. State

I do not think the trial court exercised a discretion when it refused to adjudicate the merits of defendant’s motion to suppress evidence and would therefore reverse the case and remand to the trial court with instructions to adjudicate the merits. Since I find no other error in the proceedings, I would require it only to consider the evidence as presented and resolve the question in such manner that its action can be reviewed by this court upon any law questions should an appeal be taken. I have deliberately failed to examine the evidence and reach any conclusion as to the merits of the…