{"id":35124,"date":"2018-10-15T07:04:47","date_gmt":"2018-10-15T12:04:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35124"},"modified":"2018-10-15T10:34:44","modified_gmt":"2018-10-15T15:34:44","slug":"de-motion-deadlines-are-there-for-a-reason-the-defense-doesnt-show-exceptional-circumstances-to-overcome-the-deadline","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35124","title":{"rendered":"DE: Motion deadlines are there for a reason; the defense doesn’t show “exceptional circumstances” to overcome the deadline"},"content":{"rendered":"

There are motion deadlines for a reason. Former defense counsel reviewed the file and didn\u2019t see a basis for a motion to suppress. Another defense lawyer came in and did. The excuse for getting around the deadline is late disclosure of some materials by the state. The court doesn\u2019t find those materials had anything to do with what\u2019s in the motion to suppress. \u201cDefendant has failed to show that exceptional circumstances prevented the filing of a timely motion to suppress which would warrant consideration of the untimely motion. Therefore, Defendant’s Motion to File Motion to Suppress Out of Time is DENIED.\u201d State v. Braxton<\/a>, 2018 Del. Super. LEXIS 440 (Oct 11, 2018). [Note: This, of course, could lead to the failure to file the motion to suppress becoming an IAC claim against first defense counsel, but it still remains: Would the motion succeed? How many trial judges look at motion to suppress and make a mental calculation: If I deny the motion to suppress will it really prejudice the defense? If it will, hear the motion and deny it on the merits and cut off the PCR claim? If it won\u2019t, why clutter the PCR? Hear the motion and deny it on the merits if it doesn\u2019t fly?]<\/p>\n","protected":false},"excerpt":{"rendered":"

There are motion deadlines for a reason. Former defense counsel reviewed the file and didn\u2019t see a basis for a motion to suppress. Another defense lawyer came in and did. The excuse for getting around the deadline is late disclosure … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-35124","post","type-post","status-publish","format-standard","hentry","category-motion-to-suppress"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35124","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35124"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35124\/revisions"}],"predecessor-version":[{"id":35140,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35124\/revisions\/35140"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}