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Edwards v. State

The trial court did not err in refusing to go forward with the hearing on the defendant's motion to suppress, because she did not appear at the hearing and her counsel did not have authority to waive her appearance.

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Jemmie Nell Woody Edwards appeals from her conviction for trafficking in methamphetamine, arguing that the trial court erred in denying her petition to file an out of time motion to suppress. We find no error and affirm. The record shows that Edwards filed a motion to suppress and an amended motion to suppress evidence obtained in a search of her home. At the September 6, 2002 hearing on the motion, Edwards failed to appear. Trial counsel acknowledged that he did not have “specific authority from Edwards to waive her appearance,” and asked the trial court for a “contingent dismissal” to provide Edwards an opportunity to explain her absence. The trial court then dismissed Edwards’s motion to suppress for her failure to appear.

On October 6, 2003, new counsel was appointed to represent Edwards. New counsel filed a petition to set aside the order dismissing Edwards’s motion to suppress. The petition provided no explanation for Edwards’s failure to appear at the September 6 hearing and stated only that the “motion to suppress is meritorious” and “should be heard by the trial court.” Prior to trial, the court denied the petition.

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