Gardner v. Appellate Division of Superior Court

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The Supreme Court reversed the judgment of the court of appeals ruling that Defendant did not have a right to appointed counsel to respond to the prosecution's appeal of the order of the trial court granting Defendant's motion to suppress the prosecution's evidence against her, holding that Defendant had a right to appointed counsel in the present appeal.Defendant was charged by misdemeanor complaint with driving under the influence of alcohol and driving while having a blood-alcohol content of 0.08 percent or higher. With the assistance of court-appointed counsel, Defendant filed a successful motion to suppress evidence collected during a warrantless traffic stop. The prosecution's appealed the suppression order. Defendant asked the appellate division to appoint new counsel to represent her, but the appellate division refused. Defendant then filed a petition for a writ of mandate, which the court of appeal denied. Without addressing whether the public defender remained appointed to represent Defendant, the court concluded that Defendant did not have the right to appointment of counsel on appeal. The Supreme Court reversed and remanded the case, holding that Defendant was entitled to the assistance of counsel to respond to the prosecution's appeal. View "Gardner v. Appellate Division of Superior Court" on Justia Law