Section 11.9 Finality of Pretrial Ruling

• Library: Criminal Practice 2012 Supp

D. (§11.9) Finality of Pretrial Ruling

Generally, a final ruling adverse to the defendant may not be relitigated in the trial court. It is possible, however, to have a second hearing in the trial court regarding the admissibility of a defendant’s statement on a showing of new evidence. State v. Winters, 900 S.W.2d 636, 640 (Mo. App. W.D. 1995). An adverse ruling on the defendant’s motion to suppress statements may be reargued on appeal as long as proper objection was made at trial and the issue was properly preserved for appeal at every stage of the proceedings, including in the motion for new trial.

Additionally, defense...