State v. Kelly
Annotate this CaseIn the recent case of State v. Bogguess, the Supreme Court held that the lack of an objection during a bench trial that consisted solely of stipulated facts did not preclude appellate review of the pretrial denial of a defendant's motion to suppress. The instant case raised the question of whether the Bogguess holding applies when the bench trial is conducted by a different judge than the one who made the pretrial suppression ruling. The Court concluded that having more than one judge involved in the proceedings did not alter the two-fold rationale of the decision in Bogguess. In this case, the defendant's objection to evidence was preserved, and the court of appeals erred in concluding it was not.
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