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U.S. v. MARTINEZ-GAYTAN

No. 99-50559.

213 F.3d 890 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Joel MARTINEZ-GAYTAN, also known as Joel Gaytan-Martinez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Margaret Feuille Leachman, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Philip J. Lynch (argued), San Antonio, TX, for Defendant-Appellant.

Before DAVIS, CYNTHIA HOLCOMB HALL and SMITH, Circuit Judges.

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...

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