Tuesday, January 31, 2006

Good DA Story

This week there was a motion hearing on a murder case, to suppress the defendant's statements to the police. The issue was whether the defendant was 'in custody' for Miranda purposes when he was questioned by the police.

Defense made their argument, and the important part of the State's response was "Your Honor, I do not believe the State has a good faith basis to assert that [Mr. Defendant] was not on custody at the time he made those statements.

Motion Sustained. Thank goodness seeking Justice isn't a firing offense, if used sparingly.

(It's not all that bad for the State; they've got other witnesses, the Defendant's statements to others, decent circumstantial evidence, and ugly facts "but look what he did!")

Thanks, C. You try a clean case, and you've bucked your corporate culture to do the right thing.

Jack

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