ILNews

Justices: Appeal not available after guilty plea

Back to TopE-mailPrintBookmark and Share

A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.

In Tommy D. Alvey v. State of Indiana, No. 82S01-0902-CR-66, the state's highest court took the case to clear up conflicting decisions by the Indiana Court of Appeals on whether a person who pleads guilty is allowed to challenge the denial of a motion to suppress or other pre-trial motions on direct appeal.

The majority decided those who plead guilty can't challenge these motions on direct appeal based on precedent limiting the right to appeal following a guilty plea. The justices cited Tumulty v. State, 666 N.E.2d 394, 396 (Ind. 1996), and Lineberry v. State, 747 N.E.2d 1151, 1155 (Ind. Ct. App. 2001), to support their ruling.

Justice Frank Sullivan noted that on at least two occasions, the Court of Appeals decided to review the merits of a defendant's pre-trial motion to suppress notwithstanding the fact he had entered a guilty plea, but authority doesn't allow Alvey to challenge his convictions in a direct appeal following his guilty plea.

"To the extent that prior opinions of the Court of Appeals are inconsistent with this conclusion, we disapprove of those decisions," wrote Justice Sullivan. "A trial court lacks the authority to allow defendants the right to appeal the denial of a motion to suppress evidence when a defendant enters a guilty plea, even where a plea agreement maintains that such an appeal is permitted."

Tommy Alvey filed a motion to suppress evidence after he was charged with various drug offenses and carrying a handgun without a license. As part of a plea agreement, he expressly reserved the right to appeal the trial court's ruling on his motion to suppress. The trial court informed him he was allowed to appeal the decision even though he pleaded guilty.

Alvey then appealed the denial of his motion; the Court of Appeals affirmed because it believed his guilty plea foreclosed his right to challenge the pre-trial motions.

Justice Theodore Boehm saw no reason why Alvey's plea agreement shouldn't be kept intact. He voted for remand for consideration of the appeal of the denial of his motion to suppress.

"Permitting such an agreement gives the defendant whatever benefit a guilty plea provides in sentencing and also provides an appeal of the issue that is not subject to discretion of either the trial or appellate court," he wrote in his dissent. "Moreover, if the trial court's ruling on the motion to suppress is reversed, permitting the appeal will have generated an unnecessary sentencing hearing. But neither the court nor the prosecution is under any obligation to agree to such an arrangement unless it is sufficiently confident of success on appeal, or regards the prospect of avoiding a trial a sufficient inducement to agree."

The majority noted some unfairness to Alvey based on his plea because he was told he would be able to appeal the suppression motion. The high court remanded the case to the trial court with instructions to give Alvey the option of proceeding with his current plea, absent the right to appeal the suppression order. If he doesn't exercise that option within 90 days of the certification of this opinion, the plea agreement will be vacated.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT