Merrill Preston Harris v. Louis L. Wainwright, Director Division of Corrections, State of Florida

U.S. Court of Appeals for the Fifth Circuit November 21, 1966

Merrill Preston Harris v. Louis L. Wainwright, Director Division of Corrections, State of Florida, 368 F.2d 840 (5th Cir. 1966)

Jones, Wisdom, Goldberg

Opinion

PER CURIAM:

On conflicting testimony the district court, in a hearing upon a petition for habeas corpus seeking relief from a state court conviction, held that there was no denial of any Constitutional right of the appellant. The Escobedo [Escobedo v. People of State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977] and Miranda [Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694] doctrines were invoked. The trial commenced prior to the Escobedo decision and hence the principles announced there and in Miranda are inapplicable. The order of the district court is

Affirmed.

Reference

Full Case Name: Merrill Preston HARRIS, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee
Status: Published