State v. Torres

I would deny reconsideration.

The thrust of the state’s petition is that our original opinion did not give adequate Ball v. Gladden deference to the trial court’s findings of fact, including necessarily implicit findings. In particular, the state asserts that “[t]he lynchpin of this court’s analysis appears to be its mistaken understanding about the sounds the officers heard coming from inside the locked garage.”

There was no “mistaken understanding.” Our original opinion accurately recited the historical facts regarding how the officers described the sounds and their timing:

“After looking…