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STATE v. MALINOVSKY

No. 90-317.

60 Ohio St. 3d 20 (1991)

THE STATE OF OHIO, APPELLANT, v. MALINOVSKY, APPELLEE.

Supreme Court of Ohio.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Gregory A. White, prosecuting attorney, and Jonathan E. Rosenbaum, for appellant.

Smith & Smith, Daniel G. Wightman and Gerald M. Smith, for appellee.

Michael Miller and Alan C. Travis, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.

WRIGHT, J.

The General Assembly has granted prosecutors the right of appeal from an adverse ruling on a motion to suppress evidence prior to final disposition of a criminal prosecution. Crim. R. 12(J) reads:

"* * * The state may take an appeal as of right from the granting of a motion for the return of seized property, or from the granting of a motion to suppress evidence if, in addition to filing a notice of...

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