State v. McKnight
| Decision Date | 22 October 1985 |
| Citation | 287 S.C. 167,337 S.E.2d 208 |
| Court | South Carolina Supreme Court |
| Parties | The 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. |
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 v. Thomas, 275 S.C. 274, 269 S.E.2d 768 (1980), is inconsistent with this view, it is overruled.
Accordingly, the trial in this case is stayed until a decision on the merits of the appeal.
IT IS SO ORDERED.
To continue reading
Request your trial
-
State v. Pichardo, 4036.
...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, 24856.
...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
...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.
...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......