Can a defendant appeal the denial of his motion to suppress evidence?
California, United States of America
The following excerpt is from People v. Pedersen, A139979 (Cal. App. 2015):
Defendant's right to appeal the denial of his motion to suppress evidence was waived because he failed to renew the motion in the superior court in the new case. (People v. Lilienthal (1978) 22 Cal.3d 891, 896 (Lilienthal), People v. Garrido (2005) 127 Cal.App.4th 359, 363-364 (Garrido).) Penal Code section 1538.5, subdivision (m)
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On appeal from a denial of a motion to suppress, what is the standard on appeal from the denial of the suppress motion? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the effect of the denial of suppress evidence? (California, United States of America)
In reviewing a denial of a motion to suppress, what is the effect of the denial on the denial to suppress? (California, United States of America)
In reviewing a denial of a motion to suppress evidence, what is the test for suppression of evidence? (California, United States of America)
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
In a motion to suppress evidence, what is the effect of the denial of a motion by the Superior Court of Appeal? (California, United States of America)
Can a criminal defendant waive the right to appeal the denial of a motion to suppress evidence as part of a plea bargain? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
