Sec. 54-94a. Conditional nolo contendere plea. Appeal of denial of motion to suppress or dismiss.
Sec. 54-94a. Conditional nolo contendere plea. Appeal of denial of motion to
suppress or dismiss. When a defendant, prior to the commencement of trial, enters a
plea of nolo contendere conditional on the right to take an appeal from the court's denial
of the defendant's motion to suppress or motion to dismiss, the defendant after the
imposition of sentence may file an appeal within the time prescribed by law provided
a trial court has determined that a ruling on such motion to suppress or motion to dismiss
would be dispositive of the case. The issue to be considered in such an appeal shall be
limited to whether it was proper for the court to have denied the motion to suppress or
the motion to dismiss. A plea of nolo contendere by a defendant under this section shall
not constitute a waiver by the defendant of nonjurisdictional defects in the criminal
prosecution.
(P.A. 82-17; P.A. 88-19; P.A. 01-13.)
History: P.A. 88-19 authorized the entry of a plea of nolo contendere conditional on the right to appeal the denial of a
motion to suppress statements and evidence based on the involuntariness of a statement; P.A. 01-13 substituted "motion
to suppress" for "motion to suppress evidence based on an unreasonable search or seizure, motion to suppress statements
and evidence based on the involuntariness of a statement" and added proviso re determination by a trial court "that a ruling
on such motion to suppress or motion to dismiss would be dispositive of the case".
Cited. 189 C. 42. Cited. 194 C. 331. Cited. 197 C. 17; Id., 620. Voluntariness of confession is not within purview of
statute. 198 C. 92. Cited. 199 C. 591. Cited. 200 C. 412. Cited. 202 C. 39; Id., 369; Id., 443. Cited. 203 C. 97. Cited. 205
C. 560. Cited. 206 C. 90; Id., 323; Id., 346. Cited. 209 C. 1. Cited. 210 C. 435. Cited. 212 C. 485. Cited. 214 C. 476. Cited.
215 C. 667. Cited. 216 C. 402. Cited. 218 C. 714. Cited. 220 C. 38. Cited. 221 C. 635. Cited. 224 C. 593; Id., 627. Cited.
226 C. 265. Cited. 227 C. 207; Id., 363. Cited. 229 C. 824. Cited. 230 C. 372. Cited. 232 C. 345. Cited. 234 C. 78. Cited.
236 C. 18; Id., 216. Conditional plea could qualify for review of substantive claims under Sec. 4003(b) Practice Book
rather than this section; judgment of appellate court in State v. Piorkowski, 37 CA 252, reversed. Id., 388. Cited. 240 C.
365; Id., 489. Cited. 242 C. 211. Cited. 243 C. 115; Id., 205. Defendant had no nonfrivolous grounds for appeal and defense
counsel was not ineffective for failing to consult with defendant regarding appellate rights this section would have preserved.
267 C. 414. Defendant's claim that trial court improperly denied his request for a continuance to change counsel does not
fall within the narrow scope of section. 269 C. 454. Defendant's nolo contendre plea was not conditional even though trial
court treated the plea as if it were conditional by conducting a sua sponte hearing; statute does not apply and appellate
court has no good cause to review claim outside scope of the statute. 276 C. 503.
Cited. 2 CA 219. Cited. 5 CA 207; Id., 441. Cited. 6 CA 394. Cited. 7 CA 265; Id., 354. Cited. 8 CA 330; Id., 361; Id.,
542. Cited. 10 CA 7; Id., 561; Id., 667. Cited. 11 CA 11; Id., 140; Id., 540; judgment reversed, see 209 C. 1. Cited. 12 CA
427. Cited. 14 CA 134; Id., 205; Id., 356. Cited. 19 CA 296; Id., 626. Cited. 20 CA 168; judgment reversed, see 215 C.
667; Id., 336. Cited. 21 CA 210. Cited. 22 CA 10. Cited. 23 CA 50; Id., 215; Id., 495. Cited. 24 CA 115; Id., 438. Cited.
25 CA 3; Id., 99. Cited. 26 CA 103; Id., 481; judgment reversed, see 224 C. 494. Cited. 27 CA 128; Id., 248; Id., 370; Id.,
461; Id., 741. Cited. 28 CA 508. Cited. 29 CA 207. Cited. 30 CA 712; Id., 917. Cited. 31 CA 669. Cited. 32 CA 656;
judgment reversed in part, see 232 C. 345; Id., 849. Cited. 33 CA 107; Id., 409; Id., 590. Cited. 34 CA 492; Id., 557. Cited.
36 CA 106; judgment reversed, see 234 C. 78; Id., 710. Cited. 37 CA 205. Nothing in language of statute indicating that
word "voluntariness" is meant to include claims of right to counsel. Id., 252; judgment reversed, see 236 C. 388. Cited.
Id., 561; judgment reversed, see 236 C. 216. Cited. 38 CA 8; judgment reversed, see 236 C. 18. Cited. Id., 588. Cited. 39
CA 82. Cited. 40 CA 420; Id., 724. Cited. 41 CA 530; Id., 694; Id., 772. Cited. 42 CA 589. Cited. 43 CA 448. Cited. 44
CA 162; Id., 249. Cited. 45 CA 32. Cited. 46 CA 633. Trial court's exercise of discretion regarding youthful offender
status not a claim encompassed by this section. 51 CA 539. If defendant understood that, by entering a plea pursuant to
this statute, the only issue allowed on appeal was whether trial court improperly denied his motion to suppress, then
defendant cannot raise other issues on appeal. 55 CA 217. Claim of insufficient evidence is not one of the particular claims
that statute permits to be appealed. 67 CA 562. Although defendant's claim is cast as a challenge to court's denials of his
motions to suppress and to dismiss, his claim is, in reality, a challenge to court's denial of his motion for disclosure; as
such, his claim is not reviewable pursuant to section. 81 CA 492. Determination requirement of section is not a matter of
convenience, but rather a matter of substance necessary to achieve the goals of the statute, therefore, the requirement is
mandatory. 83 CA 700. Statutory requirement that court make a determination that the ruling on a motion to suppress or
dismiss would be dispositive of the case is a matter of substance necessary to achieve goals of statute and therefore is
mandatory. 87 CA 122. In a matter where state stipulated before trial court that court's ruling on defendant's motion to
suppress evidence of prior uncharged misconduct was dispositive of case, the state was estopped from asserting otherwise
before Appellate Court, as the state waived any right it may have had to dispute whether trial court was correct in its
determination. 104 CA 85.