Before trial, Rounds moved to suppress “any and all photographic and/or video evidence that was gathered by the seizure and subsequent search of his phone.” The district court held an evidentiary hearing at which Rounds and sheriff’s deputies Jeffery Whitson and Georgina Maritz testified. The court made the following findings: (1) Because Whitson “could not have viewed the contents of the phone without assistance from Defendant,” Rounds consented to the search; and (2) “[b]ased on the totality of the circumstances . . . [,] consent was freely and voluntarily given.” Accordingly, the court denied the motion to suppress.
Shortly before trial, the government indicated that it planned to call Sheretta Trahan, Jane Doe’s godmother; because she had not been previously listed as a witness, defense counsel objected. The court (1) continued the trial for one hour to allow counsel an opportunity to meet with Rounds and Trahan and (2) delayed her testimony for one day. An hour later, counsel informed the court that he had been able to meet the witness and to confer with his client, and the witness had answered his questions. Although the court had delayed the witness from testifying for another day, because counsel told the court “I’m ready to go forward,” Trahan testified the same day.
Judge(s): Jerry E. Smith
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
Related Categories: Civil Procedure , Communications , Education , Expert Witness , Government / Politics , International , Transportation
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