Willie M. Hardy, Jr. v. United States
CriminalProcedure HabeasCorpus
Whether a police officer's intentional decision to keep body-worn camera audio off constitutes an adverse inference regarding Miranda warning credibility, and whether defense counsel's failure to file a motion to suppress such statements constitutes ineffective assistance of counsel
1. Whether a police officer's intentional and purposeful decision to keep the audio turned off on his body-worn camera constitutes an inference against the officer's credibility regarding whether a defendant was properly provided with a Miranda warning. 2. Whether defense counsel's failure to file a motion to suppress statements obtained without a Miranda warning constitutes ineffective assistance of counsel 3. Whether the credibility of an officer who intentionally chose to keep the audio on his body worn camera turned off during an alleged Miranda warning is greater greater than the credibility of a defendant with a criminal history. 4. Whether a claim of ineffective assistance of counsel is procedurally barred where counsel fails to file a motion to suppress statements that were obtained in violation of Miranda -1