Vermont v. Murphy
Annotate this CaseDefendant Chavis Murphy was convicted by jury of second-degree murder following a jury trial. He argued on appeal that the trial court erred by: (1) denying his motion for judgment of acquittal; (2) denying his motion to suppress evidence obtained as a result of a warrantless ping of his cell phone; (3) failing to sua sponte give a limiting instruction on evidence of flight; and (4) denying his motion for new trial. The Vermont Supreme Court concluded that defendant was not entitled to a judgment of acquittal. The Court further held that, while defendant had a legitimate privacy interest in his real-time cell site location information under Article 11 of the Vermont Constitution, the warrantless ping was justified by exigent circumstances, and defendant’s motion to suppress was therefore properly denied. The Court affirmed in all other respects.
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