State v. Bruno Gibson (A-11-13) (072257)
Due to the fundamental differences between a pre-trial motion to suppress and a trial on the merits, the best1practice is to conduct two separate proceedings. However, the motion record may be incorporated into the trial record if both parties consent and counsel are given wide latitude in cross-examination. Where the evidence from a pre-trial hearing is improperly admitted at the trial on the merits, the correct remedy is remand for a new trial.
Due to the fundamental differences between a pre-trial motion to suppress and a trial on the merits, the best1practice is to conduct two separate proceedings. However, the motion record may be incorporated into the trial record if both parties consent and counsel are given wide latitude in cross-examination. Where the evidence from a pre-trial hearing is improperly admitted at the trial on the merits, the correct remedy is remand for a new trial.
