Can a motion to suppress a statement made by appellant to police be reviewed by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Albert H. (In re Albert H.), B250682 (Cal. App. 2014):
In light of the obligation of independent review imposed by People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record including appellant's Penal Code section 1538.5 motion to suppress the statement appellant made to police. Appellant was advised of and waived his constitutional rights, the statement was freely and voluntarily given, and the juvenile court properly denied appellant's motion to suppress it.
"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
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
How have the courts treated a motion to suppress statements made by appellant to the police during his detention and interrogation at the police station? (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)
When reviewing a denial of a suppression motion on appeal, how do we review the findings of the trial court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
