August 21, 2014, 15:54DerekE
Findings and Conclusions
We lost an MTS on an inventory search. We filed a request for findings of fact and conclusions of law the day after the ruling, and that same day the judge ordered the Defense to prepare them. 28 days later they were submitted to the court and signed that day.
We dropped the ball on filing notice of appeal, mistakenly thinking that the timer didn't start until after findings and conclusions were signed. I think we're dead in the water on that now.
BUT, the findings of fact that are filed and signed contain statements that are contrary to the record, not just differing interpretations, on dispositive issues. Do we have any recourse i.e. requesting a hearing on the findings of fact and conclusions of law?
August 23, 2014, 13:59Martin Peterson
A ruling on a pretrial motion to suppress is always interlocutory in nature. If you can convince the trial court to change the ruling, it still has jurisdiction to do that. But, assuming a written order granting the motion was signed more that 20 days before a proper notice of appeal, the appeal will be dismissed. Without any right of appeal, it will make no difference what the findings/conclusions say.