Seventh District Rejects Appeal of Court's Denial of an Untimely Motion to Suppress, When the Defendant Never Requested Leave to File the Untimely Motion

One must request leave of court to file an untimely motion to suppress.

State v. Sutton, 2017 Ohio 732 (7th Dist.)

February 28, 2017

To be timely, pre-trial motions such as motions to suppress must be filed within 35 days of arraignment or 7 days before trial, whichever is earlier.  In this case Sutton was arraigned on January 5, 2015 but counsel was not appointed until February 11, after the deadline.  On March 9 counsel filed a motion to suppress which the court denied.  On March 23 Sutton filed a motion for reconsideration, which the court also denied but also, "specifically invited Appellant to file a motion for leave to file a motion to suppress."  Counsel never filed a motion for leave.

The Seventh District reviewed that the rule that allows for late filing requires the defendant to first request leave to file late.  Here counsel refused to do so, even after being invited by the court.  As a result, the Seventh District denied Sutton's subsequent appeal.