It’s the little things, the itty bitty things …

Gibbs v. State (Unpublished Memo): Silence and “no objection” are different things. 

Gibbs filed a motion to suppress some drug-related evidence prior to trial.  Having obtained a ruling on the motion to suppress, error was preserved — there was no need to object to the evidence again at trial.

At trial, the State offered a slate of exhibits, including the evidence addressed by the motion to suppress.

Counsel for Gibbs said: “No objection.”

And with that, counsel waived the issue.  All of the work on the motion to suppress was for nothing.

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