(Download) "State v. Heinsen" by Supreme Court of the State of Oklahoma # Book PDF Kindle ePub Free
eBook details
- Title: State v. Heinsen
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 This consolidated appeal challenges a ruling by the Court of Appeals that the State has no right to appeal from a suppression order of a magistrate court and that the district court has no subject matter jurisdiction to hear such an appeal. State v. Heinsen, 2004-NMCA-110, 1, 27, 136 N.M. 295, 97 P.3d 627. We granted certiorari because the States appeals present issues of substantial public interest concerning the jurisdiction of the district court over such appeals under the doctrine of practical finality and the impact of the ruling on judicial resources. See Rule 12-502(C)(4)(d) NMRA 2005. We hold that there is no constitutional or statutory basis for an appeal by the State from a suppression order of a magistrate court. We also hold the practical finality exception to the final judgment rule is not applicable, because the State may obtain judicial review of such a suppression order by filing a nolle prosequi to dismiss some or all of the charges in the magistrate court after the suppression order is entered and refiling in the district court for a trial de novo. Finally, we conclude that the States purpose of preserving a right to challenge an order suppressing evidence that is material to the proceeding is a legitimate reason for filing a nolle prosequi and subsequently refiling. Therefore, we hold that the six-month rule, see Rule 5-604 NMRA 2005, ordinarily would run from the date of arraignment or the waiver of arraignment on the new indictment or information. See Rule 5-604(B) (listing the events from which the six-month period for trial is calculated). Accordingly, we affirm the Court of Appeals.
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