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State v. McKnight

337 S.E.2d 208, 287 S.C. 167, 1985 S.C. LEXIS 515
CourtSupreme Court of South Carolina
DecidedOctober 22, 1985
StatusPublished
Cited by29 cases

This text of 337 S.E.2d 208 (State v. McKnight) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McKnight, 337 S.E.2d 208, 287 S.C. 167, 1985 S.C. LEXIS 515 (S.C. 1985).

Opinion

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 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.

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Bluebook (online)
337 S.E.2d 208, 287 S.C. 167, 1985 S.C. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcknight-sc-1985.