the right to counsel must be invoked by the defendant and not by third parties acting outside the knowledge of the defendant
Facts Stephen McGilberry, who was 16 years of age at the time, lived at the home of his stepfather and mother, Kenneth and Patricia Purifoy. McGilberry’s half-sister, Kimberly Self, and her son, Kristopher Self, also lived in the Purifoy home. McGilberry and Meyer Shawn Ashley initially planned only to steal his half sister’s green GEO […]
Voluntary statement is not interrogation
Facts Sarah and Bobby Childress were the operators of a pharmacy in Houlka that was burglarized on the night of February 6, 1997, or early the next morning. Evidence indicated that entry was by means of a pick-up truck being driven through the rear door of the pharmacy. Several footprints were also found at the […]
Subject who owns home is presumed to be in constructive possession
Facts In 1995, the Madison County Sheriff’s Department served a search warrant on Leon Buggs‘s home in Flora, Mississippi. At Buggs’s residence, the officers discovered three matchboxes containing crack cocaine and drug paraphernalia. There were three other individuals at the house when the warrant was executed. Buggs was convicted of possession of cocaine and sentenced […]
police activity in preventing crime and apprehending criminals may be divided into three types of action
Facts In 1997, Officer Kimmons Gray, with the Hernando Police Department, was patrolling downtown Hernando after midnight. While patrolling, Gray passed the Brahms building and noticed an automobile parked in a lot next to the building. Officers had been asked to keep loiterers off the lot. Gray approached the vehicle and noticed someone sitting in […]
Invoking religion with a 14 year old with mental issues crossed the line
Facts In 1995, Joe and Edith Sue Carley were found shot to death in the bedroom of their home. After the Carleys’ bodies were discovered, their son, George Ogden Carley, was taken into custody and questioned at the scene. At the time of the shooting, the younger Carley was only 14 years old and had been […]
Search incident to arrest began before officer orally advised subject they were under arrest
Facts Agent Gary Smith of the DeSoto County Metro Narcotics Task Force testified that he paid Ravi Goin, a confidential informant, to purchase methamphetamine from Richard Craig. Smith stated that he had used Goin as an informant in several other cases which resulted in ten to twenty arrests. Goin testified that on March 26, 1997, […]