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Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Having It All: Pleading Guilty Without Forfeiting The Right To Appeal, Gerald S. Reamey
Faculty Articles
Pleading guilty and moving for an appeal of a pretrial suppression ruling has not been viewed as an efficient allocation of judicial resources. However, it is terribly inefficient to force the State to trial solely to preserve appeal rights on a pretrial objection. Attempts by courts and the legislature to balance these competing interests have produced a confusing and dangerous mix of contradictory rules.
Texas Rule of Appellate Procedure (TRAP) 25.2 is the latest iteration of such rules. Appeals may be taken following a negotiated guilty plea or nolo contendere plea, if “the substance of the appeal was raised by …