Davis v. State
Annotate this CaseDefendant appealed from the Superior Court's denial of his untimely motion to suppress. On appeal, defendant contended that the Superior Court abused its discretion by not permitting him to move to suppress, out of time, his incriminating statement to a police officer on grounds that he was arrested without probable cause and that his incriminating statement was involuntary. Defendant had not shown that the motion was based on evidence not available as of the deadline for motions to suppress, or that extraordinary circumstances precluded the filing of a timely motion. Therefore, the court concluded that defendant's contention was without merit because the Superior Court did not abuse its discretion in denying the motion as untimely where defendant was not precluded from seeking relief pursuant to a Rule 61 motion for post-conviction relief.
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