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DERRY v. STATE

No. 94, Sept. Term, 1998.

748 A.2d 478 (2000)

358 Md. 325

John Stanley DERRY v. STATE of Maryland.

Court of Appeals of Maryland.

March 17, 2000.

Attorney(s) appearing for the Case

David B. Irwin (Joseph Murtha, Irwin Green & Dexter, L.L.P., on brief), Baltimore, for Petitioner.

Diane E. Keller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for Respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.

RAKER, Judge.

In this case, we must decide whether the State possesses the authority to file an interlocutory appeal of a trial court's decision to suppress the tape-recording of a conversation where the court based its suppression upon a violation of § 10-411(c) of the Maryland Wiretapping and Electronic Surveillance Act.1 We shall hold that the State enjoys no such right.

I.

A.

On June 12, 1978, the lifeless...

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