I often have a hard time quickly explaining to my non-lawyer friends exactly how the appeals system is stacked against criminal defendants. Fortunately today’s case, Barnes vs. State, crystallizes how the constitutional rights of defendants are effectively waived through nonsense technicalities. It’s a Kaufman County Drug case, appealed to the 5th District in Dallas.
Barnes filed a motion to suppress claiming the police investigation was unconstitutional. Specifically, Barnes sought to exclude statements made during the investigation. This motion was denied (as are most motions to suppress).