355 S.W.3d 543
Mo. Ct. App.2011Background
- Collision on icy I-29; Triplett involved in crash with Brown, no injuries; Triplett pulled onto shoulder and waited for patrol.
- Trooper Kutzner detected strong odor of alcohol and Triplett admitted having two beers earlier.
- HGN and other field sobriety tests administered; Triplett failed HGN while others passed.
- Preliminary breath test indicated alcohol consumption but not intoxication; arrest for driving while intoxicated followed.
- Triplett filed motion to suppress evidence and to dismiss the DWI charge; motion granted by court, dismissing without prejudice.
- State appeals the dismissal, seeking reversal and remand, not interlocutory review of suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal without prejudice is a final judgment subject to appeal | State argues dismissal forecloses further prosecution | Triplett argues no final judgment exists | Dismissal without prejudice is not final unless it forecloses further prosecution |
| Whether the appeal is authorized to review the suppression ruling | State seeks review of suppression to preserve option to appeal | Triplett maintains no final ruling to review | No basis to review the suppression ruling in absence of final judgment |
| Whether the State can refile or obtain findings on remand to pursue appeal | State wants remand for findings to decide on interlocutory appeal | No necessary findings would change outcome; remand pointless | Remand for findings not warranted; dismissal without prejudice stands |
Key Cases Cited
- State v. Burns, 994 S.W.2d 941 (Mo. banc 1999) (pre-trial dismissal without prejudice can be non-final despite potential futility)
- State v. Smothers, 297 S.W.3d 626 (Mo.App. 2009) (interlocutory appealability depends on finality and cloud on litigation)