Neuhaus v. People, 2012 CO 65

Neuhaus was charged with two counts of menacing and multiple weapon offenses based on threatening behavior and a warrantless vehicle search.
Neuhaus moved pretrial to suppress the weapons and ammunition, arguing lack of probable cause and an illegal scope of search incident to arrest; the trial court denied the motion.
Neuhaus and the prosecution entered a plea agreement: Neuhaus pled guilty to one weapon-offender count, other counts dismissed, and Neuhaus reserved the right to appeal the suppression denial.
The prosecution agreed to dismissal of remaining counts and to allow withdrawal of the guilty plea if reversal on appeal occurred; the trial court accepted the agreement.
The Court of Appeals held the conditional plea unlawful, lacking any Colorado rule or statute, and remanded to permit withdrawal and potential reinstatement of charges.
The Supreme Court granted certiorari to determine whether conditional pleas reserving appellate rights are authorized under Colorado law and to review the suppression ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May a defendant plead guilty while reserving appellate rights to a pretrial suppression ruling?	Neuhaus argues for review despite a guilty plea.	Neuhaus contends conditional pleas are permitted by law or policy to preserve review.	Not permitted under Colorado law; no rule or statute authorizes conditional pleas.
Does Colorado authorize a conditional guilty plea by statute, court rule, or judicial decision?	Statutory or rule-based authorizations could permit conditional pleas.	Judicial decision alone could authorize conditional pleas in some jurisdictions.	No Colorado statute or court rule authorizes conditional pleas; judicial decision approach is rejected.

Lefkowitz v. Newsome, 420 U.S. 283 (1975) (statutory exception permitting appellate review after guilty plea)
Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea bars independent claims arising before plea)
Waits v. People, 724 P.2d 1329 (Colo.1986) (preservation of right to challenge plea requires statute)
McMurtry, 122 P.3d 237 (Colo.2005) (Colorado declined to recognize conditional pleas; cites lack of rule or statute)
Pharr, 696 P.2d 235 (Colo.1984) (disapproved conditional plea when not supported by statute or rule)
Von Pickrell v. People, 431 P.2d 1003 (Colo.1967) (plea moots suppression issue; right to challenge depends on statute)
Lucero v. People, 434 P.2d 128 (Colo.1967) (plea renders suppression moot unless challenged)
People v. Pharr, 696 P.2d 235 (Colo.1984) (disallowed conditional plea absent statutory/rule basis)
People v. McMurtry, 122 P.3d 237 (Colo.2005) (cites lack of Colorado recognition for conditional pleas)