State v. Myers

Amicus argues that the court should withdrawal the defendant’s guilty plea as to both convictions within the global plea offer since defendant successfully appealed his motion to suppress illegally obtained evidence.  

This appeal focuses on the interplay between negotiated guilty pleas to more than one pending charge (“global pleas”) and pending appeals on motions to suppress evidence relating to the pleas. Facing a choice between a global plea with concurrent sentences or going to trial and being sentenced to far lengthier consecutive terms, Mr. Myers was explicitly advised by the trial court that he could withdraw his guilty plea if he won his pending appeal to suppress unlawfully obtained evidence. When he prevailed on appeal, the lower courts prohibited him from withdrawing his global plea in its entirety, permitting withdrawal for only one charge, even though the suppressed evidence related to both charges. This result directly contravenes Rule 3:5-7, undermines the prohibition against using tainted evidence to secure convictions, and exacerbates the coercive pressures of plea negotiations.

The ACLU-NJ submitted an amicus brief arguing that the trial court’s ruling violates a defendant’s right to rely on accurate and unambiguous information from the court regarding a plea’s consequences. Mr. Myers reasonably understood the court’s pronouncement to mean he could withdraw his entire global plea upon success, an expectation the court was obligated to clarify if it intended otherwise.