U.S. Court of Appeals for the Fifth Circuit, 1968

Franklin Folger Scott v. United States

Franklin Folger Scott v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 2, 1968 · Brown, Ainsworth, Godbold
392 F.2d 170; 1968 U.S. App. LEXIS 7476 (Federal Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.