State v. Marshall

Supreme Court of Rhode Island

State v. Marshall

117 R.I. 999

Procedural entryThis page is a short order in State v. Marshall. Read the opinion of the Court — 120 R.I. 306 →

Supreme Court of Rhode Island·Decided March 18, 1977·No. C. A. No. 75-314·Published

Opinion

Motion of State to affirm the judgment below pursuant to Rule 16(g) is denied.

Case is assigned to the calendar for April 6, 1977, 9:30 a.m., for oral argument. The defendant will be expected to show cause why his appeal should not be dismissed, since his appeal is to the trial justice’s denial of .a motion to suppress and he has cited no cases for the proposition that at a suppression hearing the State must prove that the seized article was in the plain view of the officer who first saw it. Bevilacqua, C.J. not participating.

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Motion of State to affirm the judgment below pursuant to Rule 16(g) is denied.

Case is assigned to the calendar for April 6, 1977, 9:30 a.m., for oral argument. The defendant will be expected to show cause why his appeal should not be dismissed, since his appeal is to the trial justice’s denial of .a motion to suppress and he has cited no cases for the proposition that at a suppression hearing the State must prove that the seized article was in the plain view of the officer who first saw it. Bevilacqua, C.J. not participating.

State v. Marshall, 117 R.I. 999 (R.I. 1977).

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