State v. Lyford, SUPREME COURT DOCKET NO. 16–350
Citation | 160 A.3d 317 |
Decision Date | 15 November 2016 |
Docket Number | SUPREME COURT DOCKET NO. 16–350 |
Court | United States State Supreme Court of Vermont |
Parties | STATE of Vermont v. Carolyn LYFORD |
¶ 1. The criminal division of the superior court granted defendant's motion for permission to file an interlocutory appeal, pursuant to Vermont Rule of Appellate Procedure 5(b), from the court's decision denying defendant's pretrial motion to suppress and dismiss, which alleged an illegal canine search. For the reasons explained below, we dismiss the appeal as improvidently granted. See V.R.A.P. 5(b)(8) ().
¶ 2. Since 1989, a defendant, with the approval of the trial court and the State, may enter a conditional guilty plea while reserving the right to appeal "the adverse determination of any specified pretrial motion." V.R.Cr.P. 11(a)(2) ; id. Reporter's Notes–1989 Amendment. Generally, this Court does not accept interlocutory appeals of decisions denying motions to suppress in criminal cases unless a conditional plea is not available or practicable under the circumstances and the criteria in Rule 5(b) have been met. This is consistent with our general rule that "an appeal will not lie to review the denial of a pretrial motion to suppress evidence on the claim of illegal search and seizure." State v. Blondin , 128 Vt. 613, 615–16, 270 A.2d 165, 166 (1970) ( ); see also ABA Minimum Standards for Criminal Justice, Criminal Appeals, Standard 21–1.3(b)–(c) ( ).
¶ 3. Although we recognize that on occasion this Court has accepted interlocutory appeals from decisions denying motions to suppress, in this case defendant has not indicated that a conditional plea is unavailable or impracticable under the...
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...Court.¶ 8. In January 2019, this Court dismissed the interlocutory appeals. This Court quoted State v. Lyford, 2016 VT 118, ¶ 2, 203 Vt. 648, 160 A.3d 317 (mem.), for the proposition that generally interlocutory appeals of motions to suppress in criminal cases are not granted " ‘unless a co......
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...Court. ¶ 8. In January 2019, this Court dismissed the interlocutory appeals. This Court quoted State v. Lyford, 2016 VT 118, ¶ 2, 203 Vt. 648, 160 A.3d 317 (mem.), for the proposition that generally interlocutory appeals of motions to suppress in criminal cases are not granted " 'unless a c......
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...available or practicable under the circumstances and the criteria of Rule 5(b) have been met." State v. Lyford, 2016 VT 118, ¶ 2, 203 Vt. 648, 160 A.3d 317. Nothing in the record shows that the criteria of either V.R.A.P. 5(a) or 5(b) have been met or that a conditional plea is impracticabl......