June 25, 2019

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.

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