Franklin Folger Scott v. United States

U.S. Court of Appeals for the Fifth Circuit
Franklin Folger Scott v. United States, 392 F.2d 170 (5th Cir. 1968)
1968 U.S. App. LEXIS 7476

Franklin Folger Scott v. United States

Opinion

PER CURIAM:

The appellant was tried and convicted before Miranda. Because of errors not here pertinent he was granted a new trial, which took place after Miranda. On the retrial his statement, which did not meet Miranda standards, was admitted into evidence. This Circuit is committed to the principle that in a retrial after Miranda, following a pre-Miranda trial, the standards of Miranda are applicable. Gibson v. U. S., 363 F.2d 146 (5th Cir. 1966).

Reversed and remanded.

Reference

Full Case Name
Franklin Folger SCOTT, Appellant, v. UNITED STATES of America, Appellee
Status
Published