Video and audio helped to prove that officers did not provide false statements in affidavit
Facts In 2014, Roberto Garcia was arrested for driving while intoxicated. He was found sleeping in a parked vehicle in a private driveway to a construction site, which was steps away from a public road. According to Garcia, a friend was driving the vehicle with Garcia in the passenger seat when the car’s engine began […]
search warrant which authorized viewing of pictures on cell phone for drugs is saved by good faith exception
Facts State trooper Burt Blue pulled over Brian Morton’s van on Interstate 20 about fifty miles west of Fort Worth. After approaching the driver’s side door, Blue smelled marijuana. Morton eventually admitted he had marijuana in the van. Blue then searched Morton and found an Advil bottle in his right pocket. The bottle contained several […]
Confession not coercive when truth is told in response to concern by subject
Facts In 2017, at their residence in Hattiesburg, Mississippi, Jonicqua Moffett and her fiancé, Cordaeil Miller, got into an argument that lasted most of the day. That argument ultimately ended when Moffett stabbed Miller one time in the heart with a knife, resulting in his death. When the police arrived, Miller was lying next to a […]
Lack of sign language interpreters during criminal proceeding is potential violation of ADA
Facts Like many deaf individuals, Cameron Luke has trouble speaking and reading English. He also has difficulty lip reading. So in order to effectively communicate, Luke requires an American Sign Language (ASL) interpreter. Such an interpreter was never provided during Luke’s case for marijuana possession. No interpreter was provided the night of his arrest during a […]
Question as to whether administrative remedies made available to inmate
Facts Matthew Huskey alleged that on September 8, 2016, while seeking care at a medical clinic, officers forced his face into a wall, yelled that he had a knife, took his shoes and pants off, and took turns slapping him in the face and head while he was restrained. According to Huskey, after the incident, […]
Questions at traffic stop were proper
Facts Quarrentin Jawhitney Lynn Holmes entered a conditional guilty plea of an indictment charging him with possession with intent to distribute methamphetamine. In this appeal, he challenges the district court’s order denying his motion to suppress evidence seized during a traffic stop. He contends that questions posed to him by a state trooper during and after […]