United States v. Clifford D. Lewis

U.S. Court of Appeals for the Ninth Circuit November 17, 1971

United States v. Clifford D. Lewis, 448 F.2d 788 (9th Cir. 1971)

Opinion

PER CURIAM:

The judgment of conviction in this case of theft from the United States mail is affirmed.

The trial courts made several close rulings in Miranda, 1 Griffin v. California, 2 and Jackson v. Denno 3 areas. If error, it was not aggravated.

We find the properly admissible evidence was so overwhelming that Chapman 4 and Harrington 5 indicate the conviction should be affirmed. However, the procedure here followed in inquiring into admissions would result, under Jackson v. Denno, in a reversal in a close ease.

We find the issue about the trial court’s response to a question of the jury not well taken.

. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965).

. Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).

. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1966).

. Harrington v. California, 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284 (1969).

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Clifford D. LEWIS, Defendant-Appellant
Status: Published