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U.S. v. KIMBROUGH

No. 06-4341.

477 F.3d 144 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Damon KIMBROUGH, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Richard Charles Kay, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Joanna Beth Silver, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Baltimore, Maryland, for Appellee.

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge GREGORY joined.

OPINION

DUNCAN, Circuit Judge:

This appeal examines the extent to which the government may rely at trial on statements elicited by a third person— here, a suspect's mother—prior to police giving the suspect a valid warning under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct...

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