Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Morrell

The state has the right to appeal an oral suppression order after a defendant's acquittal only when the transcript shows that the trial court refused the state request that the trial court reduce the order to writing.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This appeal presents the question whether, in a criminal case, the State has the right to appeal from an oral order suppressing a statement given by the defendant to the police. For the reasons that follow, we conclude that the State may appeal an oral order only under certain exceptional circumstances. Because those circumstances are not present in this case and because the appellee, Kenneth Morrell, has been acquitted by a jury, we dismiss the State’s appeal.1 1. The day before Morrell’s trial for murder was scheduled to begin, the trial court orally granted Morrell’s motion to suppress a statement he made to the police. The trial court, however, did not reduce the order to writing, and the transcript shows that the State did not request that the trial court do so. Although the State filed a notice of appeal from the oral ruling, the court proceeded with the trial over the State’s objection that it desired to appeal the oral order.2 Following the trial, a jury acquitted Morrell of murder. The State filed another notice of appeal from the judgment of acquittal, and the appeal from both notices of appeal is currently before this Court.

2. It is undisputed that the State has a right to appeal from an order granting a motion to suppress a defendant’s statement.3 However, it has been the rule of this State that an order is not appealable unless it is in writing.4 The circumstances of the present case, however, compel us to recognize that the foregoing rule cannot be absolute.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs