United States Sixth Circuit

Evidence seized under a warrant issued by a trial commissioner who was also an administrative assistant at the county jail was properly excluded, because the commissioner was not a neutral and detached party.

Appellate Information

• Argued 04/22/2004
• Decided 06/28/2004
• Published 06/28/2004

Judges

• Before MERRITT and MOORE, Circuit Judges;  DUGGAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Terry M. Cushing (briefed), United States Attorney, Jo E. Lawless (argued and briefed), United States Attorney's Office, Louisville, KY, for Plaintiff-Appellant.


• For Appellees:
  
• Scott T. Wendelsdorf, Western Kentucky Federal Community Defender, Inc., Gregory W. Butrum (argued and briefed), Gregory Ward Butrum, PLLC, Louisville, KY, for Defendants-Appellees.