Ex parte State

I respectfully dissent.

In response to the State’s motion for a summary judgment, Christopher Okafor argued, among other things, that (1) the search of Shanna Hereford’s residence was an illegal warrantless search; (2) that he was questioned in violation of Miranda *99v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and, thus, that the “evidence ... obtained as a result of the unlawful questioning ... should be inadmissible in this case”; and (3) that Hereford’s consent to the search was not knowingly, intelligently, and freely given. Okafor raised these issues again on appeal to…