Police don’t have to inform defendants of their rights to have independent blood test in DUI stops
Facts On April 29, 2006, Officer Jimmy Lovern of the City of Louisville Police Department was answering a call from a stranded motorist. After Officer Lovern had picked up the stranded motorist, a car, traveling in the opposite direction, passed Officer Lovern moving well in excess of the posted speed limit. Officer Lovern turned his […]
Miranda waiver valid from subject who was not born in the United States
Facts In 2006, Gilberto Chim, a native of Guatemala, was sentenced to life imprisonment for statutory rape of a five year old girl and twenty years imprisonment for sexual battery. Chim’s conviction was preceded by an arrest that entailed a waiver of his Miranda rights and a subsequent confession. He appeals, arguing that the Circuit […]
Subject claimed confession improper because he was intoxicated, illiterate, and tricked
Facts On January 12, 2005, the Horn Lake Police Department arrested Thomas Lee Brown, who was thirty- four years-old. After Thomas arrived at the police station, he waited approximately two hours before Detective Michael Callender and Detective Josh Zacharias began an interrogation. Thomas initialed and signed a Miranda waiver at the beginning of the interrogation. […]
Using lineup in this case does not lead to irreparable misidentification
Facts In 2006, twenty-two-year-old Jesse Green had $4,400 in income tax return proceeds and he was interested in buying a car. His brother, Eric, told him about a black Camaro Z28 that was for sale and gave him a contact number. Green spoke to a man named Ricky in Arkansas. They arranged to meet in […]
DUI does not require that the intoxication impairs the ability to drive a car
Facts Shortly after midnight Bobby Heidelberg was traveling down Highway 84 East in the city limits of Laurel, Mississippi. Officer Larry Hayes of the Laurel Police Department was patrolling the area and noticed that Heidelberg had a broken taillight. Hayes decided to conduct a traffic stop to advise him of a traffic violation. Hayes approached Heidelberg’s […]
Subject said he was going to have a cheech and chong party
Facts In 2005, Tunica County Deputy Sheriff Willie Dunn and Deputy Paul Biggins were returning from a lunch meeting. They were traveling south on Highway 61 in an unmarked car. The officers observed a 1991 Chevrolet Caprice traveling south well below the speed limit. They passed the Caprice, and deputy Biggins noticed that there were […]