State v. McKnight

Decision Date22 October 1985
Citation287 S.C. 167,337 S.E.2d 208
CourtSouth Carolina Supreme Court
PartiesThe STATE, Appellant, v. Clifton McKNIGHT, Levan McKnight, Charles Montgomery, Jessie Doughty, Roscoe Pressley, and Edward Pressley, of whom Clifton McKnight, Levan McKnight, Charles Montgomery, and Roscoe Pressley Are Respondents.
ORDER

This appeal is from an order granting respondents' motion to suppress evidence that was seized pursuant to an allegedly defective search warrant. The State petitions for a writ of mandamus or supersedeas to allow admission of the evidence. The State asserts the suppression order significantly impairs the prosecution of its case. Because neither mandamus nor supersedeas is an appropriate form of relief in this case, we deny the State's petition.

We take this opportunity, however, to address respondents' contention that the suppression order is not directly appealable. A pre-trial order granting the suppression of evidence which significantly impairs the prosecution of a criminal case is directly appealable under S.C. Code Ann. § 14-3-330(2)(a) (1976). To the extent our opinion in State...

To continue reading

Request your trial
31 cases
  • State v. Pichardo
    • United States
    • South Carolina Supreme Court
    • October 31, 2005
    ...the prosecution of a criminal case is directly appealable. State v. Mabe, 306 S.C. 355, 412 S.E.2d 386 (1991); State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (1985); State v. Henry, 313 S.C. 106, 432 S.E.2d 489 (Ct.App.1993); see also S.C.Code Ann. § 14-3-330(2)(a) (1977) ("The Supreme Cou......
  • State v. Needs
    • United States
    • South Carolina Supreme Court
    • November 23, 1998
    ...would likely result in a miscarriage of justice. Riddle v. State, 314 S.C. 1, 7, 443 S.E.2d 557, 561 (1994). 7. See State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (1985) (the State may immediately appeal a pretrial order granting the suppression of evidence which significantly impairs the ......
  • Reed v. Becka
    • United States
    • South Carolina Court of Appeals
    • January 18, 1999
    ...impairs the prosecution of a criminal case is directly appealable under S.C.Code Ann. § 14-3-330(2)(a) (1976)." State v. McKnight, 287 S.C. 167, 168, 337 S.E.2d 208, 209 (1985). Once a court accepts a defendant's guilty plea, jeopardy attaches. State v. Wilkins, 310 S.C. 81, 425 S.E.2d 68 (......
  • State v. Cheatham, 3453.
    • United States
    • South Carolina Court of Appeals
    • February 25, 2002
    ...of Cheatham's prior burglary convictions, the State had the remedy of immediately appealing the decision. See State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (1985) (holding appellate courts may immediately review a pretrial order granting the suppression of evidence that significantly impa......
  • Request a trial to view additional results
2 books & journal articles
  • 28 Mandamus, Writ of
    • United States
    • Elements of Civil Causes of Action (SCBar) (2015 Ed.)
    • Invalid date
    ...judge had not declined to rule; failure to reconvene hearing was not indication that judge refused to issue ruling); State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (S.C. 1985) (mandamus not appropriate form of relief to allow admission of evidence over lower court order granting motion to ......
  • C. Elements Defined
    • United States
    • Elements of Civil Causes of Action (SCBar) 29 Mandamus, Writ of
    • Invalid date
    ...judge had not declined to rule; failure to reconvene hearing was not indication that judge refused to issue ruling); State v. McKnight, 287 S.C. 167, 337 S.E.2d 208 (S.C. 1985) (mandamus not appropriate form of relief to allow admission of evidence over lower court order granting motion to ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT