{"id":46623,"date":"2020-12-30T08:24:04","date_gmt":"2020-12-30T13:24:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46623"},"modified":"2020-12-31T10:49:18","modified_gmt":"2020-12-31T15:49:18","slug":"oh3-when-state-appeals-dismissal-for-pretrial-delay-def-cant-appeal-denial-of-suppression-motion","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46623","title":{"rendered":"OH3: When state appeals dismissal for pretrial delay, def can&#8217;t appeal denial of suppression motion"},"content":{"rendered":"\n<p>Denial of a motion to suppress is not immediately appealable in Ohio. Here, there was an appealable pretrial issue of a grant of dismissal for pretrial delay, and the court finds the suppression issue was still viable and could be reconsidered below and should be appealed later. Thus, defendant\u2019s cross-appeal of the denial of the suppression motion dismissed; reversed on the pretrial delay issue. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2020\/2020-Ohio-6889.pdf\">State v. Ling<\/a>, 2020-Ohio-6889, 2020 Ohio App. LEXIS 4716 (3d Dist. Dec. 28, 2020).<\/p>\n\n\n\n<p>2254 petitioner\u2019s claim that his Fourth Amendment issue was withheld from him didn\u2019t provide basis for equitable tolling because he knew in time to act on it. Morris v. Fluke, 2020 U.S. Dist. LEXIS 243297 (D.S.D. Dec. 29, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Denial of a motion to suppress is not immediately appealable in Ohio. Here, there was an appealable pretrial issue of a grant of dismissal for pretrial delay, and the court finds the suppression issue was still viable and could be &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46623\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-46623","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46623"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46623\/revisions"}],"predecessor-version":[{"id":46649,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46623\/revisions\/46649"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}