State v. Brown

432 P.3d 195
CourtNevada Supreme Court
DecidedDecember 20, 2018
DocketNo. 75184
StatusPublished
Cited by2 cases

This text of 432 P.3d 195 (State v. Brown) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brown, 432 P.3d 195 (Neb. 2018).

Opinion

By the Court, HARDESTY, J.:

The State brings this appeal pursuant to NRS 177.015(2), which grants the State the right to file an interlocutory appeal from a district court order granting or denying a motion to suppress evidence upon "good cause shown." We take this opportunity to address the "good cause" showing that the State must make under NRS 177.015(2) in order for the appeal to proceed. Because we conclude that the State has failed to demonstrate good cause as contemplated by NRS 177.015(2), we dismiss the appeal.

BACKGROUND

On October 28, 2017, the Reno Police Department (RPD) apprehended respondent Taren Brown after he allegedly pulled the trigger of a gun while pointing it at the alleged victim. A police officer placed Brown in an RPD police car and conducted a recorded interrogation. During the interrogation, Brown made several incriminating statements, including an admission regarding why he approached the alleged victim and drew a gun. The State charged Brown with attempted murder with the use of a deadly weapon, assault with a deadly weapon, carrying a concealed firearm, and possession of a firearm with an altered or removed serial number.

Brown filed a motion to suppress his statements, arguing that the officer did not effectively inform him of his right to an attorney before and during the interrogation as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Brown argued that the officer's mistake made his statements involuntary. The district court *197agreed and granted Brown's motion to suppress the statements. The State now appeals from the district court's suppression order.

DISCUSSION

NRS 177.015(2) grants the State the right to appeal from an order suppressing evidence. That right, however, is not absolute. NRS 177.015(2) provides, in relevant part:

The State may, upon good cause shown, appeal to the appellate court of competent jurisdiction ... from a pretrial order of the district court granting or denying a motion to suppress evidence.... The appellate court of competent jurisdiction may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained.

(Emphases added.)

The plain language of NRS 177.015(2) thus requires the State to first show "good cause" before this court will consider the merits of an appeal. As the statute later explains, "good cause" means the State must make a preliminary showing of the "propriety of the appeal" and that a "miscarriage of justice" would result if the appeal is not entertained.1 Although the statute does not provide guidance regarding the meaning of the phrases "propriety of the appeal" and "miscarriage of justice," a review of the statute's legislative history reveals that its threshold requirements were intended to provide this court with the discretionary authority over whether to entertain the appeal.2 See Hearing on S.B. 349 Before the Senate Judiciary Comm., 56th Leg. (Nev., March 16, 1971). The Legislature recognized that an interlocutory appeal from a suppression order was the only opportunity the State had to seek appellate review of an erroneous suppression ruling, but it also expressed concern that an appeal could be used as a delaying tactic and interfere with the defendant's speedy trial rights. See, e.g., Hearing on S.B. 349 Before the Senate Judiciary Comm., 56th Leg. (Nev., March 10, 1971). The legislative history of the statute also reflects concern that without restrictions on the State's right to appeal, it could result in numerous appeals and tie up judicial resources. Hearing on S.B. 349 Before the Senate Judiciary Comm., 56th Leg. (Nev., March 16, 1971).

The Legislature's concerns are shared by many other states, a majority of which have likewise imposed restrictions on the State's ability to bring an interlocutory appeal from a suppression order. Though these restrictive provisions employ varying language, most of them require the prosecution to show that the evidence is important enough that suppression of it would substantially impair or terminate its ability to prosecute the case. See, e.g., Minn. R. Crim. P. 28.04, subd. 2(1) (2015) (requiring the prosecutor to include a statement "explaining how the district court's alleged error, unless reversed, will have a critical impact on the outcome of the trial"); N.C. Gen. Stat. Ann. § 15A-979(c) (1979) (requiring certification "that the [suppressed] evidence is essential to the case"); Pa. R. App. P. 311(d) (2016) (requiring the prosecutor to certify that the suppression order "will terminate or substantially handicap the prosecution"). In addition to this prerequisite, many states require the prosecution to certify that the appeal is not taken for the purpose of delay. See, e.g., Colo. Rev. Stat. § 16-12-102(2) (2002) ; N.M. Stat. Ann. § 39-3-3(B)(2) (LexisNexis 2004); Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West 2018).

*198We find these restrictions to be consistent with the language and legislative intent of NRS 177.015(2) and thus choose to interpret the preliminary showing requirements in NRS 177.015(2) similarly. First, we define the phrase "propriety of the appeal" to mean that the appeal is not taken for the purpose of delay. We note that though many states require the prosecutor to merely "certify" that the suppression has hindered the ability to prosecute, NRS 177.015(2) requires the prosecution to make a "preliminary showing," which requires more than simply paraphrasing the statutory language. In this case, both parties agree that the State did not take this appeal for the purpose of delay, and there is nothing in the record to suggest otherwise.

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Bluebook (online)
432 P.3d 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-nev-2018.