ILNews

Man can't challenge motion after guilty plea

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT