June 16, 2019

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.

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