Court of Appeals 7/27/10

Two criminal cases today, both of which were affirmed.

Jones v. State.  Jones claims that his arrest for burglary of a building was illegal as it was a warrantless arrest.  The fact he was 150 yards from a building that still had the alarm ringing, at 1:00 A.M. or thereabouts, standing next to a street lamp and a computer, doesn’t rise to the level of “Probable cause exists where the facts and circumstances within an arresting officer’s knowledge are sufficient within themselves to warrant a man of reasonable caution to believe that a person has committed an offense.”

Because of this improper arrest, Jones felt his confession should be suppressed and his lawyer was ineffective for filing a motion to suppress based on coercion instead of illegal arrest.  Not surprisingly, the Court didn’t agree with Mr. Jones.

Walker v. State.  Another burglary of a dwelling.  Must be theme month in the appellate courts.  Mr. Walker was convicted of burglary of a convenience  store.  He appealed on the grounds of the verdict was against the overwhelming weight of the evidence.  Mr. Walker was positively ID’d on the videotape by two people, the T-shirt worn by the burglar was found on his bed, and a box with the convenience store specific labels were found behind his house.  Mr. Walker said it wasn’t him and had his mother and brother as an alibi, blaming the police for planting the evidence.  The Court of Appeals disagreed with him.

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