Judge erred in overruling motion to suppress

[Barry_Archer]

What is the name of your state? Iowa

Recently had a Motion to Suppress hearing that went before a state Judge, and during the hearing the Judge seemed as though he was "out in left field", like his attention was somewhere else. At one particular point, the prosecutor had objected to a question that'd been asked by the defense counselor, and much my surprise I was nearly standing beside myself as the Judge looked up with this totally dumb-founded facial expression, then he'd asked the court reported to read back the last question for him. I don't know for sure, but he appeared to be drawing or doodling on a his note-pad all throughout the entirety of the hearing.

At the end of the hearing, he explained that he would make his ruling and mail it out accordingly. Several days later after his ruling arrived via mail, I couldn't hardly believe what I was reading!! He'd overruled the defendants motion to suppress, BUT within his ruling he lists several errors, most errors are found within his "Findings of Facts", many were about things which had been discussed in great detail during the hearing, in fact all that one would need to do, would be to simply look at the hearing transcript. It's quite obvious to me that he'd erred by overruling the motion to suppress, primarily because he formed his decision based on erroneous information; I.E. his findings of facts. It seems that this Judge has misinterpreted many of the key facts, facts that were extremely important to the defendants side of the testimony.

So, my question to you all is this, what options would be available to the defendant and his counselor given this type of situation??? Please advise.

Thanks a million!!!
Barry

 

[stephenk]

what did your attorney tell you?

 

[Barry_Archer]

what did your attorney tell you?

stephenk - I planned on posting that information later on, perhaps after hearing some of your responses. Would certainly like to hear what some of ya' all have to say. Please advise.

Thanks!

 

[gawm]

The only one who can tell you if a judge erred in a motion hearing is an appellate court judge. File an appeal.

 

[Kane]

I'd listen to your attorney.

Whether you want to appeal depends on a lot of factors.

As a practical matter, appellate courts make a distinction between findings of fact, and legal matters. The standard for overruling a judge's findings of fact is much higher.

Your attorney knows all of the facts of the case, as well as whether or not appealling might have tactical advantages, or is likely to just cost you a lot of time and money.