Stewart v. United States

RUIZ, Associate Judge:

Shawn Stewart was convicted of second degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license.1 The trial court denied Stewart’s motion to suppress a confession he made to the police after his arrest but before presentment and assignment of counsel. The confession was subsequently admitted into evidence during Stewart’s trial. Because we find that the police obtained Stewart’s confession in violation of his Fifth Amendment right to remain silent and that use of the confession during trial was not harmless…