State v. Jones

Syllabus

In this case, we revisit and refine our preservation rules in the context of pretrial criminal hearings. Arguing that a drug raid of his home violated the Fourth Amendment, Petitioner Kelvin Jones appeals his convictions for trafficking cocaine and possession with intent to distribute cocaine within the proximity of a school. Jones's pretrial motion to suppress was denied and he was convicted following a jury trial. The court of appeals affirmed on the basis the issue was not preserved for appellate review. We hold Jones's argument as to the search warrant is preserved but fails on the merits. Accordingly, we affirm in result the court of appeals' opinion and take this opportunity to clarify our issue preservation rules with respect to pre-trial rulings of constitutional dimension.