The Second and Third Orders Denying Suppression [Frog Gravy legal case]

Posted: February 8, 2012 in even more made up facts, Frog Gravy legal case
Tags: ,

After presiding over the suppression hearing and issuing a first order denying suppression, McCracken Circuit Court judge Hon. Craig Clymer issued a second order setting aside the first order and substituting this one for it. Here is that second order:

Supplemental Suppression Order

It gets better. After the completion of the trial and after the conviction, Hon. Craig Clymer issued a third order supplementing the second order denying suppression, with additional findings of fact and conclusions of law. Here is the third order:

Supplemental Suppression Order

Judge Clymer states that McGuire did not conduct a stop of my vehicle.

See if you agree. Here is McGuire’s Uniform Citation:

Uniform Offense Report

Pretty clear that McGuire fell in behind my vehicle and stopped it.

Then there’s this:

where McGuire said that he stopped my vehicle, and there’s this:

where McGuire talked openly about stopping my vehicle on a hunch.

But the kicker is that in the suppression hearing itself, McGuire admits that he put his emergency lights on before my car came to a complete stop.

I often wonder if, even today, there will be a fourth, or maybe even a fifth order denying suppression post trial and not based on the suppression hearing. His third order is, ironically, ‘unusual, suspicious and disturbing.’

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