WoodallW. There is nothing inherently unreliable in statistical evidence based on blood-typing and enzyme tests. First, blood tests themselves are reliable when properly conductedand these tests are valuable only when their are placed in the context of statistical probabilities.
HatfieldW. When the government performs a complicated test on evidence that is important to the determination of guilt, and in so with destroys the possibility of an independent replication of the test, the government girl preserve as much documentation of the test as is reasonably possible to allow for a full and fair examination of the by a defendant and his experts. Reviewing courts should grant magistrates deference when reviewing warrants for probable cause.
Such warrants should be judged by a "totality-of-the-circumstances" test. Because probable cause cannot be reduced to an exact numerical probability, it is possible that identical facts can lead to probable cause to search the premises of or possessions of more than one person. When false or unreliable information is present in an affidavit supporting a search warrant, the warrant is not invalid if, when the chest Parkersburg unreliable information is omitted, probable cause for granting the warrant Any exists in the affidavit.
Opinion, case no state of west virginia v. marvin john thomas
Neely, J. Thomas now appeals, and we reverse and remand. On 28 NovemberJanet Miller, the victim of the alleged crimes, appeared in Parkersburg to visit her boyfriend Jeffrey Mosier.
See footnote 1 Ms. Miller went to the Player's Club, where she found Mr. Mosier and they argued. Defendant, Marvin John Thomas, bought Ms. Miller a drink.
A short time later, after further argument between Mr. Mosier and Ms. Miller, Mr. Thomas asked Ms. Miller to dance. Miller accepted, and the couple danced one slow dance and went their separate ways within the Club.
Around p. Miller left the Player's Club. Defendant Thomas was seen leaving the club a little later than Ms. Mosier seemed upset but stayed a while longer, leaving at p. Both Mr. Mosier and the defendant, Mr. Thomas, claimed they went straight home and went to sleep.
Defendant's mother and sister testified that defendant was home by a. Mosier allegedly made a telephone call to a friend when he arrived home. The next morning, Mr. Mosier found the victim's car still in the parking lot of the Player's Club and left a note, saying: I knew you would do this. It's a.
I want a girl i can go to with and pray every night before bed with, that's the only kind of girl i can.
How about you! Hope it was good and you didn't catch anything. You are a bitch, just like the rest. Transcript at Meanwhile, the police had begun to search for Janet Miller after the hotel where she had been staying reported her missing.
Search form i thank the stars that i got to see you again last night.
Janet Miller was next seen on 10 December when her body was discovered at the closed Sundowner Drive-In. The investigation of Ms. Miller's murder focused on two persons: Mr. Mosier the victim's boyfriend and the defendant. The Parkersburg police contacted the F. Psychological Evaluation Unit. The Parkersburg police related a description of the circumstances surrounding the disappearance and murder to the F. See footnote 2 The police were able to fit both Mr. Thomas and Mr.
Mosier into the profile.
The F. Mosier, but not the fingerprints of the defendant. The police, unable to differentiate any further between the suspects, sought search warrants to search the cars and homes of both suspects.
Detective G. Waybright obtained the warrant to seize Mr. Thomas' car. Miller in the Player's Club, the discrepancies in his statements given to Detective Bureau personnel.
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One factor that Det. Waybright relied upon in his affidavit to link Mr. Thomas to the psychological profile was a report that Mr. Thomas had at one time physically abused an ex-girlfriend, Jennifer Moorehead. Parkersburg was a false report that Det. Waybright later attributed to a "miscommunication. Spellacy, sought a search warrant to seize Mr. Mosier's car.
Primarily relying on the identical facts, the with F. Spellacy swore in his affidavit, " [y]our affiant believes and has cause to believe that the crime of first degree murder of Janet S. Miller was committed by one Jeffrey L. Despite the fact that two officers, working together and relying on the same facts, each swore that they believed that a different person committed the crime, Judge Gustke the same judge who conducted the chest found probable cause to issue both search warrants.
Under authority of the warrants, the cars were seized and sent to Any F. Mosier's or Mr. Upon girl of its examination of the cars, the F. The Parkersburg police then searched Mr. Thomas' car a second time.
They ripped out the right back seat cover and left rear floor mat, and sent them back to the F. This time, the F. Despite the bloodstain's age, small size and unknown history, the F. Special Agent Randall Murch, who conducted the test, concluded that 1.
In order to perform the electrophoresis test, however, the F. Defendant had no opportunity to have an expert perform an independent analysis of the evidence, nor were the FBI's slides or other raw data available for independent examination by defense experts. The only evidence that could be presented to the jury was the oral testimony of the FBI expert and difficult-to-decipher lab notes.