Title
Kevin, an attorney, has been indicted for embezzlement. After his preliminary hearing, he filed a…
Description
Kevin, an attorney, has been indicted for embezzlement. After his preliminary hearing, he filed a motion to suppress a confession he believes was illegally obtained. A hearing was conducted and the trial court granted his motion. The evidence was vital to the prosecution. Kevin’s attorney has also requested that the trial be continued because he claims that Kevin is not competent to stand trial. The judge ordered a mental evaluation, held a hearing, and found Kevin competent to stand trial. The defense also requested that the court order a number of police officers to submit to depositions prior to trial. The court denied the motion. At trial, the defendant objected to the introduction of a document that he believed was unconstitutionally obtained during a search of his office. The judge overruled the objection and admitted the confession into evidence. Answer the following questions using these facts.
Believing that Kevin cannot have a fair trial without the depositions, his attorney filed an interlocutory appeal seeking an order from the appellate court requiring the trial judge to provide for the depositions. What should be the outcome?
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