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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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