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ASHLEY ALTSHULER
(Oklahoma City) heard some good news on April 20, 2005: Judge Bragg just granted his motion to suppress in a trafficking case where client was facing LWOP. Woohoo! Cops pull into client's driveway as client is backing out, blocking client in. They have an arrest warrant. Client gets out of the car and cops ask for consent to search the house. Client says, "Yes." Cops spend about 15-20 minutes searching house, find some alleged piddly stuff. After searching house, cops ask client if they can search the car. Client says, "No." Cops search anyway and find some alleged nastiness in the car. State (Crawley) argued that Thornton applied. Judge Bragg didn't buy it. State announced appeal. Interesting procedural posture as well. The motion was granted initially at PH, State appealed, and DJ (Twyla) sent it back. Ashley re-urged it before DJ Bragg who granted it. Crawley argued that the Rule 6 appeal precluded the issue; in other words, if defense loses on Rule 6 it can't be re-urged before District Court. I almost hope the state doesn't appeal that part of it because we may not want to know the answer to that particular question. Great result by Ashley!
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