State v. Howard

¶1dissenting. We should review this case tice, App. P. — Crim. 3(a)(1). It is the type of case this court has reviewed in the past. See State v. Tucker, 268 Ark. 427, 597 S.W.2d 584 (1980); State v. Cashion, 260 Ark. 148, 539 S.W.2d 423 (1976). A significant issue in this appeal requires the interpretation of seven circumstances listed in Rule 16.2(e) as applied to rural property made the subject to a search warrant which contains descriptive errors. That rule provides that a motion to suppress evidence shall be granted only if the court finds that the violation upon which it is based was substantial. Because this court does not appear to have considered Rule 16(2)(e) in these circumstances involving a search of rural property, I would reach and decide the merits of this case.