July 20, 2019

Archives for November 21, 2012

Colorado Supreme Court: Criminal Defendant May Not Plead Guilty and Reserve the Right to Appeal Unsuccessful Pretrial Motion

The Colorado Supreme Court issued its opinion in Neuhaus v. People on Monday, November 19, 2012.

Criminal Law—Guilty Plea—Conditional Plea.

The Supreme Court held that conditional guilty pleas reserving the right to appeal an unsuccessful pretrial motion to suppress evidence are not permitted under Colorado rule or statute. The Court declined to create by judicial decision an exception allowing conditional guilty pleas that reserve the right to appeal an unsuccessful pretrial motion to suppress evidence, because a reservation of that right is better created by statute or court rule, if at all. The decision of the court of appeals was affirmed.

Summary and full case available here.

Colorado Supreme Court: Conditional Pleas that Reserve the Right to Appeal Pretrial Motions Are Not Allowed

The Colorado Supreme Court issued its opinion in People v. Hoffman on Monday, November 19, 2012.

Criminal Law—Guilty Plea—Conditional Plea.

Adopting its reasoning in Neuhaus v. People, 2012 CO 65 (No. 10SC27), the Supreme Court held that conditional guilty pleas reserving the right to appeal an unsuccessful pretrial motion to suppress evidence are not permitted under Colorado rule or statute. The Court also declined to create by judicial decision an exception allowing conditional guilty pleas that reserve the right to appeal an unsuccessful pretrial motion to suppress evidence, because a reservation of that right is better created by statute or court rule, if at all. The court of appeals’ judgment was reversed.

Summary and full case available here.

Colorado Supreme Court: Court Declined to Create Exception to its Rule that Conditional Guilty Pleas Reserving Right to Appeal Are Not Allowed

The Colorado Supreme Court issued its opinion in Escobedo v. People on Monday, November 19, 2012.

Criminal Law—Guilty Plea—Conditional Plea.

Adopting its reasoning in Neuhaus v. People, 2012 CO 65 (No. 10SC27), the Supreme Court held that conditional guilty pleas reserving the right to appeal an unsuccessful pretrial motion to suppress evidence are not permitted under Colorado rule or statute. Further, the Court declined to create by judicial decision an exception allowing conditional guilty pleas that reserve the right to appeal an unsuccessful pretrial motion to suppress evidence, because a reservation of that right is better created by statute or court rule, if at all. The judgment was affirmed.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 11/19/12

On Monday, November 19, 2012, the Tenth Circuit Court of Appeals issued no published opinions and five unpublished opinions.

United States v. Smith

Dufries v. Standifird

United States v. Tucker

Patrick v. Bank of New York Mellon

Knox v. Morgan

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.