Section 11.8 Waiver

• Library: Criminal Practice 2012 Supp

C. (§11.8) Waiver

Though it is preferable to have a pretrial hearing on the admissibility of statements, it is not required to preserve the issue for appeal. Wainwright v. Sykes, 433 U.S. 72, 86 (1977). What is required, however, is a proper objection at trial when the state seeks to introduce the statement. State v. Gardner, 741 S.W.2d 1 (Mo. banc 1987), cert. denied, 486 U.S. 1025 (1988); State v. Oglesby, 103 S.W.3d 890, 891 (Mo. App. E.D. 2003).

A motion to suppress, on its own, without an accompanying objection, preserves nothing for appeal. Oglesby, 103 S.W.3d at 891. To preserve for appeal an objection to an inadmissible statement, the objection must be...