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Colorado Supreme Court Opinions
November 19, 2012

2012 CO 65. No. 10SC27. Neuhaus v. People.
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.

2012 CO 66. No. 10SC433. People v. Hoffman.
Criminal Law—Guilty Plea—Conditional Plea.
Adopting its reasoning in Neuhaus v. People, 2012 CO 65 (No. 10SC27), 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 also 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 court of appeals’ judgment was reversed.

2012 CO 67. No. 10SC476. Escobedo v. People.
Criminal Law—Guilty Plea—Conditional Plea.

Adopting its reasoning in Neuhaus v. People, 2012 CO 65 (No. 10SC27), 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. Further, 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 judgment was affirmed.

Colorado Supreme Court Opinions

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