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Powell: District Court Must Hold Live Hearing to Reverse Magistrate Judge Credibility Determinations

By Tim Cone

In U.S. v. Powell, No. 09-11612 (Dec. 27, 2010), the Court vacated a conviction because the district judge declined to adopt a Magistrate Judge?s report and recommendation without holding a hearing.Powell moved to suppress statements he made following his arrest, claiming that he was not read his Miranda rights after he requested counsel. A Magistrate Judge held an evidentiary hearing. After hearing the conflicting testimony of government and defense witnesses, the Magistrate Judge credited the defense accounts, and found the government?s witnesses ?unconvincing.? The Magistrate Judge recommended a ruling in favor of Powell?s motion to suppress. The government filed objections with the district court. The district court, without holding a hearing, but after listening to a recording of the hearing before the Magistrate Judge, overruled the Magistrate Judge, and denied the motion to suppress...continue to full post

Full post as published by Defense Newsletter Blog on December 28, 2010 (boomark / email).