Section 11.40 Appeal of Suppression Ruling and Post-Conviction Relief

• Library: Criminal Practice 2012 Supp

IX. (§11.40) Appeal of Suppression Ruling and Post-Conviction Relief

For an in-depth discussion of the procedure and problems of appealing adverse suppression rulings, see Chapter 29 of this deskbook. Below are a few points particularly relevant to statements.

From the defense perspective, appellate decisions reveal that, once the trial court admits a statement, the decision is seldom reversed. Usual grounds for affirming include the following:

· No proper objection was made to the admission of the statement during trial so the issue was not preserved for appeal.

· An inadequate trial record was made of the defendant’s contentions or the court does not need to review beyond the state’s version of the facts.

· The defendant’s trial testimony waived the defendant’s objection to the statement.

· The issue is within the sole discretion of the trial court.

· The issue was an ultimate question of fact decided by the jury.

From the prosecutor’s standpoint, an adverse ruling on the defendant’s motion...