United States v. Martinez-Gaytan

CYNTHIA HOLCOMB HALL, Circuit Judge:

The instant case requires us to decide under what circumstances a translated confession is insufficiently reliable to excuse the translator’s absence from a suppression hearing. We hold that where the particular facts of a case cast significant doubt upon the accuracy of a translated confession, the translator or a witness who heard and understood the untranslated confession must be available for testimony and cross-examination at the suppression hearing before the confession can be admitted. We vacate the district court’s denial of Appellant’s suppression…