U.S. v. PARKER

No. 03-5303.

373 F.3d 770 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. David Jeremy PARKER; Barbara Jean Sutton; and Peter Jansen Sutton, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 28, 2004.


Attorney(s) appearing for the Case

Terry M. Cushing (briefed), United States Attorney, Jo E. Lawless (argued and briefed), United States Attorney's Office, Louisville, KY, for Plaintiff-Appellant.

Scott T. Wendelsdorf, Western Kentucky Federal Community Defender, Inc., Gregory W. Butrum (argued and briefed), Gregory Ward Butrum, PLLC, Louisville, KY, for Defendants-Appellees.

Before MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.


OPINION

DUGGAN, District Judge.

In this interlocutory appeal, the government challenges the district court's decision to suppress evidence seized at the residence of Barbara Jean Sutton and Peter Jansen Sutton (collectively the "Suttons") pursuant to two search warrants. The district court concluded that the trial commissioner who issued the search warrants was not neutral and detached because she also served as an administrative assistant at the county...

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