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Man can't challenge motion after guilty plea

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A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.

Tommy D. Alvey challenged the trial court order denying his pretrial motion to suppress following a "conditional guilty plea" in which he and the state agreed he had reserved his right to appeal the court's order.

Alvey was arrested on various drug charges and carrying a handgun without a license, and he agreed to plead guilty to dealing methamphetamine and carrying a handgun without a license. Alvey appealed the trial court denial of his pretrial motion to suppress evidence after the court sentenced him.

In Tommy D. Alvey v. State of Indiana, No. 82A01-0804-CR-164, the appellate court examined previous rulings by the Court of Appeals on the issue of whether a defendant can challenge a pretrial motion after pleading guilty. The appellate court relied heavily on the Indiana Supreme Court's Nov. 12 opinion in Norris v. State, No. 43S03-0807-CR-379, to rule that an evidentiary challenge after pleading guilty isn't permissible, wrote Judge Edward Najam.

On appeal, Alvey didn't challenge whether his guilty plea was entered knowingly and voluntarily, or whether the court accepted his plea over a claim of innocence, which may be a strategic decision by his counsel, wrote the judge.

"Thus, Alvey's plea forecloses his right to challenge the pretrial motion to suppress, and we must affirm the trial court's entry of judgment of conviction against Alvey," wrote Judge Najam.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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