061381P.pdf   03/21/2007  United States  v.  Tyrese Hyles
   U.S. Court of Appeals Case No:  06-1381
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   Girardeau
   [PUBLISHED] [Melloy, Author, with Benton and Shepherd, Circuit
   Judges]
   Criminal Case - conviction. District court did not err in denying motion
   to suppress videotaped statement because Sixth Amendment rights were
   not violated, as defendant waived his rights and initiated the interview, he
   knowingly waived his rights against self-incrimination, and under the
   totality of the circumstances, his statement was voluntary. The district
   court did not abuse its discretion in denying motion for continuance to
   listen to taped conversations compiled by the government; none of the
   recordings were used at trial, district court stated a recess would be
   granted if the recordings were introduced, and defendant did not
   demonstrate actual prejudice. Admission of writings was not an abuse of
   discretion, as there was sufficient foundation and writings were not
   hearsay. Exclusion of prior inconsistent statements offered to impeach
   witness was not an abuse of discretion, as evidence was cumulative. 
   Admission of coconspirator's statement was either properly admitted or,
   if error, not prejudicial. Cross-examination of former attorney was not
   error, as defendant waived attorney-client privilege.