What states allow defendants to plead guilty and then challenge the search of evidence on appeal?
I know in most states, by pleading guilty, a defendant waives any claim that evidence was illegally seized.. but I'm curious.
What states allow defendants to plead guilty and then challenge the search of evidence on appeal?
I know in most states, by pleading guilty, a defendant waives any claim that evidence was illegally seized.. but I'm curious.
Hmm, that is an interesting question. I suppose anything is possible with a very slick lawyer. It would be an uphill battle for sure.
You could probably do it if you could raise an issue after-the-fact that your lawyer was incompetent/ineffective counsel(if he was).
If your lawyer just didn't do it because he sucks at being a lawyer, you may have grounds. Or if you can show you were coerced into pleading guilty, threatened, etc, you may be able to do it on those grounds.