547.200. Appeal by state. — 1. An appeal may be taken by the state through the prosecuting or circuit attorney from any order or judgment the substantive effect of which results in:
(1) Quashing an arrest warrant;
(2) A determination by the court that the accused lacks the mental capacity or fitness to proceed to trial, pursuant to section 552.020;
(3) Suppressing evidence; or
(4) Suppressing a confession or admission.
2. The state, in any criminal prosecution, shall be allowed an appeal in the cases and under the circumstances mentioned in section 547.210 and in all other criminal cases except in those cases where the possible outcome of such an appeal would result in double jeopardy for the defendant. The supreme court shall issue rules governing such appeals.
3. The appeal provided in subsection 1 of this section shall be an interlocutory appeal, filed in the appropriate district of the Missouri court of appeals, unless the proceedings involve a charge of capital murder or murder in the first degree, pursuant to the provisions of section 565.001 or 565.003, in which case notices of appeal shall be filed in the supreme court of Missouri.
4. Notices of appeal involving appeals under subsection 1 of this section shall be filed in the appropriate court within five days of the entry of the order of the trial court. In such appeals, the time requirements of section 545.780 shall be tolled until the decision is rendered by the appropriate appellate court.
5. The supreme court shall issue appropriate rules to facilitate the disposition of such appeals, balancing the right of the state to review the correctness of pretrial decisions of a trial court against the rights of the defendant to a speedy trial, including measures to facilitate these appeals by shortening of the time to file appellant's brief under supreme court rule 30.06(K) to ten days, and eliminations of motions for rehearing or transfer under supreme court rules 30.26 and 30.27.
Notes of Decisions
Cited in
143
cases (
11 in the last 5 years), 1952–2025 · leading case:
State v. Blair, 691 S.W.2d 259 (Mo. 1985).
State v. Blair, 691 S.W.2d 259 (Mo. 1985).
· cites it 10× “The State of Missouri filed an interlocutory appeal from the order of suppression pursuant to section 547.200, RSMo; the Court of Appeals, Western District, affirmed.”
State v. Smothers, 297 S.W.3d 626 (Mo. Ct. App. 2009).
· cites it 8× “” The State appeals pursuant to section 547.200. II. Jurisdiction Smothers argues that this court lacks jurisdiction because the judgment appealed from was not final in that it was denominated “without prejudice.”
State v. Burns, 994 S.W.2d 941 (Mo. 1999).
· cites it 8× “Defendant claims the court of appeals and, after transfer, this Court are without jurisdiction because the trial court’s dismissal of his case was neither a final judgment nor a species of interlocutory order that may be appealed.”
State v. MacK, 66 S.W.3d 706 (Mo. 2002).
· cites it 6× “Because of the general interest and importance of the issue presented, the Court of Appeals then transferred the case to this *707 Court. Mo. Const. art. V, sec.”
State v. Berkwit, 689 S.W.2d 763 (Mo. Ct. App. 1985).
· cites it 13× “§ 547.200 RSMo Supp.1984. Defendant-respondent has moved to dismiss the appeal for the reasons discussed in this court's opinion in State v.”
State v. Holzschuh, 670 S.W.2d 184 (Mo. Ct. App. 1984).
· cites it 9× “200 provides that the Supreme Court shall issue appropriate rules to facilitate the disposition of such appeals, “balancing the right of the state to review the correctness of pre-trial decisions of a trial court against the rights of the defendant to a speedy trial_” (emphasis…”
State v. Franklin, 841 S.W.2d 639 (Mo. 1992).
· cites it 4× “The state made interlocutory appeal pursuant to § 547.200, RSMo 1986. The Missouri Court of Appeals, Western District, affirmed, addressing only the question of the validity of the arrest.”
State v. Taylor, 965 S.W.2d 257 (Mo. Ct. App. 1998).
· cites it 10× “Pursuant to this order, the State filed a second notice of appeal within five days from the order pursuant to Section 547.200. Defendant urges this appeal must be dismissed because the State’s initial failure to file a timely appeal deprives this court of jurisdiction.”
State Ex Rel. Hannah v. Seier, 654 S.W.2d 894 (Mo. 1983).
· cites it 6× “If respondent Seier has jurisdiction of the cause pending in his court (and he does), his decision to dismiss the information, right or wrong, should not be subjected to appellate review.”
State v. Garner, 760 S.W.2d 893 (Mo. Ct. App. 1988).
· cites it 6× “We recognize that if the new judge holds appellant's confessions inadmissible the State may opt to attempt an appeal under § 547.200, RSMo 1986. It is unnecessary in the disposition of the instant appeal to decide whether the statute authorizes the State to do so, and we leave…”
State v. Smith, 134 S.W.3d 35 (Mo. Ct. App. 2004).
· cites it 3× “The state appeals, pursuant to Section 547.200 RSMo (2000), from the order of the circuit court suppressing the results of a blood alcohol test administered pursuant to a search warrant obtained and executed after defendant refused to submit to a chemical test.”
State v. Storer, 324 S.W.3d 765 (Mo. Ct. App. 2010).
· cites it 6× “The two additional counts pertaining to the new victim, however, remain pending. The State, nevertheless, now appeals the dismissal of the first four counts.”
— Mo. Rev. Stat. § 547.200(1) — 1 case
— Mo. Rev. Stat. § 547.200(1)(2) — 1 case
— Mo. Rev. Stat. § 547.200(3) — 3 cases
— Mo. Rev. Stat. § 547.200(4) — 1 case
State v. Taylor, 965 S.W.2d 257 (Mo. Ct. App. 1998).
“Pursuant to this order, the State filed a second notice of appeal within five days from the order pursuant to Section 547.200. Defendant urges this appeal must be dismissed because the State’s initial failure to file a timely appeal deprives this court of jurisdiction.”
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