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STATE v. EMMETT

No. SD 31013.

346 S.W.3d 418 (2011)

STATE of Missouri, Plaintiff-Appellant, v. Holly B. EMMETT, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 16, 2011.

Attorney(s) appearing for the Case

Stephen P. Gray , Marble Hill, MO, for Appellant.

Ellen H. Flottman , Columbia, MO, for Respondent.

GARY W. LYNCH, Judge.

The State appeals the trial court's order granting the motion to suppress evidence filed by Holly B. Emmett ("Defendant"). Finding that the State failed to carry its burden of proof, we affirm.

Procedural Background

The testimony of the State's witnesses presented during an evidentiary hearing on Defendant's motion to suppress described the following events. Lacy Willis...

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