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Whatley v. State

The information the confidential informant provided to police, much of it independently corroborated, was sufficient to establish the informant's reliability and therefore to supply probable cause for two search warrants.

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A jury found Sedrick Cortez Whatley guilty of nine felonies, including kidnapping, in connection with two incidents that occurred on consecutive nights in November 2009. Whatley claims that the trial court erred by denying his motion to suppress because affidavits supporting two search warrants issued in the case were based on information supplied by a confidential informant of unknown reliability. Whatley also argues that there was insufficient evidence to support his kidnapping conviction. We reject both claims of error and affirm.

Viewed in a light favorable to the verdict,1 the record shows that a clerk at Coleman’s Grocery in Fayette County had just closed the store for the night and was walking to his car when two men wearing masks approached and ordered him back inside. One of the men had a silver gun. After the men threatened to shoot, the clerk gave them cash, scratch-off lottery tickets, and cigars. The men then forced the clerk inside the store’s office and locked the door, and the clerk called 911. Video from the store’s security cameras showed that one man wore a dark jacket with fur around the hood and the other wore a lighter hoodie with the letters L-R-G on the back.

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