United States v. Phillipos

In my view, the district court abused its discretion in refusing to hold an evidentia-xy hearing on Phillipos’s motion to suppress his confession. As a condition of holding an evidentiary hearing in the first place, the district court sought to extract a pre-hearing commitment from Phillipos *63that he’d testify at the hearing, and the court further ordered that Phillipos would be the first witness to testify at the hearing if one were held. When Phillipos refused to accept these conditions* the district court declined to hold an evidentiary hearing. As I see it, this decision is inconsistent…