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Criminal Law

: Underdog

Supreme Court improperly gives short-shrift to trial judge's essential function in eyeballing witnesses at a suppression hearing.

By Marks & Katz, LLC

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Appellate judges repeatedly refuse to disturb trial judges' sound discretion in assessing witness credibility in denying a criminal defendant's motion to suppress evidence.  Consequently, appellate judges should also refuse to disturb trial judge's sound discretion in assessing witness credibility in granting a criminal defendant's motion to suppress evidence.  Unfortunately, on December 7, 2009, the United States Supreme Court overrode a state trial judge's essential assessment of witness credibility, by reversing a suppression order. The Supreme Court relied on the emergency aid exception to the Fourth Amendment's general requirement that a search and seizure at one's home be through a court-issued warrant. Michigan v. Fisher, __ U.S. _ (Dec...continue to full post

Full post as published by Underdog on December 11, 2009 (boomark / email).

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