Fuson v. State
Annotate this CaseA jury found Appellant David Fuson guilty of computer child pornography, for which Appellant was sentenced to twenty years' incarceration. On appeal, Appellant contended that the circuit court erred in denying his motions to suppress his custodial statements and to exclude the evidence seized in search of his vehicle. The Supreme Court affirmed Appellant's conviction, holding (1) the circuit court did not clearly err in denying the motion to suppress Appellant's custodial statements as he waived the suppression issue by testifying at trial and adopting as true the material portions of the challenged pretrial statement, and (2) because the circuit court based its decision regarding Appellant's argument concerning the denial of the motion to suppress evidence on two independent grounds and Appellant challenged only one ground on appeal, the merits of Appellant's argument could not be addressed on appeal.
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