Albert Lee v. Lawrence E. Wilson, Warden, Etc.

Ninth Circuit

Albert Lee v. Lawrence E. Wilson, Warden, Etc.

363 F.2d 824

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 4, 1966

Docket20586

StatusPublished

Cited by9 cases

This text of 363 F.2d 824 (Albert Lee v. Lawrence E. Wilson, Warden, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albert Lee v. Lawrence E. Wilson, Warden, Etc., 363 F.2d 824 (9th Cir. 1966).

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Opinion

PER CURIAM.

Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) requires rejection of appellant’s contention that the rule of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) should be applied retrospectively to his in-custody interrogation. The fact that the questioning was secretly recorded, and the recording introduced in evidence, does not in itself present a constitutional violation. Lopez v. United States, 373 U.S. 427, 438-440, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963); Benson v. People of State of California, 336 F.2d 791 (9th Cir., 1964); Carbo v. United States, 314 F.2d 718, 738 (9th Cir., 1963); Todisco v. United States, 298 F.2d 208 (9th Cir., 1961). The remaining grounds for relief relied upon by appellant were properly rejected because alleged only in conclusory terms, unsupported by factual detail.

Affirmed.

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PER CURIAM.

Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) requires rejection of appellant’s contention that the rule of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) should be applied retrospectively to his in-custody interrogation. The fact that the questioning was secretly recorded, and the recording introduced in evidence, does not in itself present a constitutional violation. Lopez v. United States, 373 U.S. 427, 438-440, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963); Benson v. People of State of California, 336 F.2d 791 (9th Cir., 1964); Carbo v. United States, 314 F.2d 718, 738 (9th Cir., 1963); Todisco v. United States, 298 F.2d 208 (9th Cir., 1961). The remaining grounds for relief relied upon by appellant were properly rejected because alleged only in conclusory terms, unsupported by factual detail.

Affirmed.

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363 F.2d 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-lee-v-lawrence-e-wilson-warden-etc-ca9-1966.

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