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...
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- Section 11.1 Introduction
- Section 11.2 Formal Discovery
- Section 11.3 Prosecution
- Section 11.4 Defense
- Section 11.5 Necessity for Hearing
- Section 11.6 Generally
- Section 11.7 Advantages of Earliest Objection
- Section 11.8 Waiver
- Section 11.9 Finality of Pretrial Ruling
- Section 11.10 Preserving Objections for Appeal
- Section 11.11 Grounds for Objection and Suppression
- Section 11.12 Involuntariness
- Section 11.13 Actions of Interrogators
- Section 11.14 Inherent Weaknesses of Defendant
- Section 11.15 Miranda v. Arizona : Fifth Amendment Right to Counsel
- Section 11.16 Were Warnings Required?
- Section 11.17 Question of Custody
- Section 11.18 Question of Interrogation
- Section 11.19 Were Warnings Properly Given?
- Section 11.20 Was There a Proper Waiver?
- Section 11.21 Waiver After Assertion of Right to Silence: The Problem of Multiple Interrogations
- Section 11.22 Waiver After Assertion of Right to Counsel: The Problem of Multiple Interrogations
- Section 11.23 Summary of Miranda Analysis
- Section 11.24 Fruits of the Poisonous Tree
- Section 11.25 Massiah v. United States : Sixth Amendment Right to Counsel
- Section 11.26 Scope of Massiah
- Section 11.27 “Volunteered” Statements
- Section 11.28 Waiver of Massiah Rights
- Section 11.29 Statements of Juveniles
- Section 11.30 Statement Not Made
- Section 11.31 Burden of Proof
- Section 11.32 Scope of Proof
- Section 11.33 Finding of Fact
- Section 11.34 Need for Corroboration
- Section 11.35 Rule of Completeness
- Section 11.36 Establishing Foundation
- Section 11.37 Tape Recorded or Videotaped Statements
- Section 11.38 Role of Jury
- Section 11.39 Use of Suppressed Statements at Trial
- Section 11.40 Appeal of Suppression Ruling and Post-Conviction Relief
- Section 11.41 Form—Motion to Suppress Statements
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