That's not how this works. The state moved to dismiss on one set of grounds. That dismissal was granted by the lower court. From there, the case can't proceed u

That's not how this works. The state moved to dismiss on one set of grounds. That dismissal was granted by the lower court. From there, the case can't proceed until those grounds are settled. This type of thing is very common. It's exactly the same as why standing is established before evidence in civil cases.