Monthly Archives: September 2014

Court holds that motion and trial cannot be combined without a defendant’s consent

The Supreme Court in State v Gibson today held that a motion to suppress cannot be incorporated as trial testimony unless (1) both parties consent and (2) the court allows wide latitude in cross exam. In this case, the trial court did not formally inquire of the defendant.  Since there was no testimony taken other than the motion, the court held that a reversal and remand for a new trial did not violate double jeopardy since it merely placed the defense in the position it should have been after the motion facing then trial.  The case is attached.

 Jeff  Gold