Episode 2 – The Breonna Taylor Case and the Undisclosed Podcast with Colin Miller, AC Parham, and Jasmine Caruthers

In this episode of the Direct Examination Podcast, hosts Amber Fulmer, Dane Phillips, and Joseph Bias welcome Professor Colin Miller (Associate Dean for Faculty Development and Evidence Professor at the University of South Carolina School of Law, as well as co-host of the internationally acclaimed Undisclosed podcast) alongside UofSC Law students A.C. Parham and Jasmine Caruthers. The panel discusses the trio’s pro bono legal research that assisted the family of Breonna Taylor in their wrongful death civil suit against the City of Louisville, Kentucky. The discussion explores the mechanics and dangers of no-knock warrants, the investigation into false statements within search warrant applications, the landmark $12 million civil settlement and police reform mandates, and Professor Miller’s ongoing wrongful conviction investigations through the Undisclosed podcast.

Key Topics Covered

  • The Breonna Taylor Civil Suit: How Professor Colin Miller, 3L student A.C. Parham, and 2L student Jasmine Caruthers provided crucial pro bono legal research for attorneys Lonita Baker, Sam Aguiar, and Benjamin Crump representing Breonna Taylor’s estate.

  • No-Knock Warrants & Fourth Amendment Violations: Analyzing the legal standards governing search warrants, the history and hazards of no-knock entries, and how misrepresentations in warrant affidavits impact constitutional protections.

  • Historic $12 Million Settlement & Police Reforms: Examining the terms of the settlement secured from the City of Louisville, including structural reforms such as mandatory police commander approval for search warrants, housing incentives for officers, and limits on no-knock entries.

  • The Undisclosed Podcast & Wrongful Convictions: Professor Miller’s work investigating flawed trials, unearthing hidden evidence, and advocating for exonerees across the country.

  • Student Pro Bono Experience: The impact of law students engaging in high-profile civil rights litigation and wrongful conviction research while still in law school.

Transcript

Amber Fulmer: Welcome y’all to the Direct Examination Podcast! I’m Amber Fulmer.

Dane Phillips: I’m Dane Phillips.

Joseph Bias: And I’m Joseph Bias. Amber, it’s great to have you back with us!

Amber Fulmer: Thank you! I’m back, refreshed, and ready to roll.

Joseph Bias: Today we have a truly remarkable group of guests joining us to discuss one of the most high-profile civil rights cases in recent American history—the Breonna Taylor wrongful death lawsuit in Louisville, Kentucky.

Amber Fulmer: Our primary guest today is Professor Colin Miller! Professor Miller is the Associate Dean for Faculty Development and an Evidence Professor at the University of South Carolina School of Law. He is the creator of the EvidenceProf Blog and co-host of the Undisclosed podcast—the most successful wrongful conviction podcast in the world, with over 300 million downloads! Joining him are two outstanding UofSC Law students, A.C. Parham and Jasmine Caruthers, who conducted extensive pro bono research on the Breonna Taylor case. Welcome to the show, everyone!

Professor Colin Miller: Thank you so much for having us on, Amber, Joseph, and Dane.

A.C. Parham: Thank you for having us!

Jasmine Caruthers: Excited to be here!

Dane Phillips: Professor Miller, take us back to when Breonna Taylor was killed in March 2020 during the execution of a search warrant at her apartment. How did you and your students get involved in assisting the legal team representing her family?

Professor Colin Miller: When the news broke regarding the circumstances surrounding Breonna Taylor’s death, civil rights attorney Sam Aguiar, who was working alongside Lonita Baker and Ben Crump, reached out regarding the complex Fourth Amendment and municipal liability issues involved. The legal team needed deep, rigorous research on search warrant affidavits, no-knock warrant jurisprudence, and municipal accountability. I brought in A.C. Parham and Jasmine Caruthers, two of our sharpest law students at South Carolina Law, to assist on a pro bono basis.

Joseph Bias: A.C. and Jasmine, as law students, what was it like stepping directly into research that was feeding into a massive national civil rights case?

A.C. Parham: It was surreal and deeply humbling. In law school, you’re constantly reading casebooks and hypothetical scenarios, but analyzing the actual search warrant applications and police procedures behind Breonna Taylor’s case made the Fourth Amendment real in a very tragic way.

Jasmine Caruthers: My research specifically focused on the history and application of no-knock warrants and how frequently they lead to dangerous, volatile situations for both residents and officers. Seeing how a simple signature on a warrant form could result in such catastrophic loss of life was eye-opening.

Dane Phillips: One of the core issues in Breonna Taylor’s case involved the representations made by officers to secure the search warrant in the first place. Professor Miller, what did your research reveal regarding officer statements in warrant affidavits?

Professor Colin Miller: A major focal point was whether officers omitted material facts or made false statements to establish probable cause for Breonna Taylor’s apartment. For instance, officers claimed a postal inspector confirmed suspect packages were being delivered to her address, which was later publicly contradicted by postal authorities. Under the Franks v. Delaware framework, if an officer knowingly or recklessly includes false information in a warrant affidavit, the warrant’s validity is severely compromised.

Amber Fulmer: The research you all conducted helped the legal team secure an unprecedented $12 million civil settlement from the City of Louisville, along with sweeping police reform requirements. Can you speak to those reforms?

Professor Colin Miller: Money alone can never replace a human life, but the $12 million settlement set a powerful precedent for municipal accountability. Crucially, the settlement mandated police reforms: requiring secondary approval from a commanding officer for all search warrants, placing social workers on call for police scenes, and incentivizing officers to live in the communities they police.

Joseph Bias: Professor Miller, in addition to your work on this civil suit, you investigate wrongful convictions every week on the Undisclosed podcast. What drives your work on wrongful conviction cases?

Professor Colin Miller: The criminal justice system is operated by human beings, which means it is inherently prone to error, bias, and misconduct. On Undisclosed, Rabia Chaudry, Susan Simpson, and I re-examine trial records, forensic evidence, and police files to uncover evidence that was never presented at trial. Whether it’s ineffective assistance of counsel, suppressed Brady material, or junk science, our goal is always the same: exposing the truth and pursuing justice for those who were wrongfully convicted.

Dane Phillips: For law students listening who want to make a tangible difference early in their careers, what advice would you give them?

A.C. Parham: Don’t wait until you graduate to get involved. Seek out pro bono projects, work with professors, and use the skills you’re learning in real time to serve people who need legal advocacy.