State v. B.D.
Matthew B. Nichols
40 years (NOTE: Client was on probation for Robbery, thus an additional 6 years would have been added to his sentence.)
ARobbery (Class A)
Lack of Credibility of Police And Lay Witnesses
Client’s brother gave a full written confession to police that he and his brother (client) had committed the armed robbery. Client also gave a full written confession, including exactly how much money was taken and how much cocaine the brothers bought that night with the proceeds of the robbery.
A motion to suppress the confession was denied. Accordingly, the jury heard both confessions. The brother testified for the state, as did the shop owner who positively identified Client.
Client testified regarding coercive police tactics in obtaining his confession. Client’s wife provided alibi testimony.