State v. Heigele

Royse, J.:

The State appeals the trial court’s pretrial order suppressing evidence. The question raised in this appeal is whether a suppression order issued in a prior case precludes another judge from independently considering the suppression issue after the case has been refiled.

The procedural background is important to a resolution of the issues in the case. The State had filed charges against Douglas L. Heigele for possession of marijuana and possession of drug paraphernalia. Heigele filed a motion to suppress, which was set for hearing. The State requested a continuance because a…