State v. Lagerstrom
State v. Lagerstrom
Opinion of the Court
Defendant, George Lagerstrom seeks review of the denial of a suppression motion filed in connection with a charge of unlawful drug trafficking pending against him in Superior Court (York County). After entry of the order denying suppression, defendant moved for an interlocutory appeal pursuant to M.R.Crim.P. 37A(a) or (b). The State agreed to the report and conceded that suppression would, as a practical matter, require dismissal of the indictment. The Superior Court reported the case to the Law Court pursuant to the provisions of Rule 37A(a) and specifically declined to address the report pursuant to 37A(b). We conclude that the report was improvidently granted and, therefore, we discharge the report and remand to the Superior Court for further proceedings.
In the present case, the defendant seeks review of the Superior Court’s conclusion that a warrantless entry was supported by probable cause and exigent circumstances. Such an issue does not require determination by the Law Court before further proceedings, and review should await the entry of final judgment.
The entry is:
The prior order of this Court dated September 29,1986, denying the State’s motion to discharge the report is vacated. The report is discharged as improvidently granted.
Remanded to the Superior Court for further proceedings.
All concurring.
Reference
- Full Case Name
- STATE of Maine v. George LAGERSTROM
- Status
- Published