STATE v. BOZUNG

No. 20080480.

245 P.3d 739 (2011)

2011 UT 2

STATE of Utah, Plaintiff and Appellant, v. Gareth BOZUNG, Defendant and Appellee.

Supreme Court of Utah.

January 7, 2011.


Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Karen A. Klucznik , Asst. Att'y Gen., Salt Lake City, for plaintiff.

Thomas H. Means , Margaret P. Lindsay , Douglas J. Thompson , Provo, for defendant.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 The State has appealed the dismissal of this case, challenging two pretrial rulings: the district court's grant of a motion to suppress the Defendant's confession because of an inadequate Miranda warning, and the denial of a motion to reopen the suppression issue to permit additional evidence. We hold that the district court erred when it relied on rule 24 of the Utah Rules of Criminal Procedure to deny...

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