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U.S. v. MORRIS

No. 01-6025.

287 F.3d 985 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Murl Wayne MORRIS, a/k/a Raul Franklin, a/k/a Roger Ward Conway, a/k/a Merle Franklin, a/k/a Roger Ward, a/k/a Steve Mills, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 23, 2002.

Attorney(s) appearing for the Case

Joseph L. Wells, Oklahoma City, OK, for Defendant-Appellant.

Daniel G. Webber, Jr., Assistant U.S. Attorney (Robert G. McCampbell, United States Attorney, and David L. Walling, Assistant U.S. Attorney, with him on the brief), for Plaintiff-Appellee.

Before HENRY, McKAY, and GIBSON, Circuit Judges.

McKAY, Circuit Judge.

This criminal appeal arises from an incident where an undercover FBI agent shot Defendant Murl Wayne Morris in the back while Mr. Morris attempted to flee arrest. After the shooting, Mr. Morris remained in intensive care for seven days under an around-the-clock security watch.

While Mr. Morris remained in the hospital, but no longer in the ICU, FBI agents secured a signed Miranda waiver from Mr. Morris and interviewed him. During that...

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