Escobedo v. Colorado
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In this postconviction appeal, the issue before the Supreme Court was whether a criminal defendant could plead guilty while reserving the right to appeal an unsuccessful motion to suppress evidence. Adopting its reasoning in "Neuhaus v. Colorado," (2012 CO 65, released concurrently with this opinion), the Court held that such conditional pleas are not permitted under Colorado rules or statutes. Further, the Court declined to create an exception to allow conditional guilty pleas that reserve the right to appeal unsuccessful pretrial motions to suppress evidence because a reservation of that right is better created by statute or court rule, if at all. In this case, the Court affirmed the decision of the district court.
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