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State v. Green

The State was required to secure certificates of immediate review, since the trial court's orders were not "final" for the purposes of appealability.

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The State appeals from the trial court’s orders granting the motions by Carl Green and Quintavis Green “the Greens” to suppress evidence obtained as the result of an illegal stop without articulable suspicion “the orders on the motions to suppress”. The State also appeals from the trial court’s orders dismissing 14 counts of the indictment against the Greens on account of the State’s failure to preserve exculpatory evidence “the dismissal orders”.1 The Greens have moved to dismiss the State’s appeals of the dismissal orders for lack of jurisdiction. Because the State failed to secure certificates of immediate review under the version of OCGA § 5-7-2 applicable to this indictment, we dismiss the appeals from those orders. And because our dismissals resolve the counts upon which the trial court granted the motions to suppress, we also dismiss the State’s appeals of the orders on the motions to suppress as moot.

1. The trial court entered the dismissal orders based upon the State’s failure to preserve exculpatory evidence, finding that the State destroyed evidence in bad faith and that no alternative means of recovering that evidence existed. As a result, it dismissed 14 counts of the indictment. The Greens have moved to dismiss the State’s appeals from these orders on the ground that this court lacks jurisdiction under OCGA § 5-7-2, because the State failed to obtain a certificate of immediate review.

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