Franklin Folger Scott v. United States

Fifth Circuit

Franklin Folger Scott v. United States

392 F.2d 170, 1968 U.S. App. LEXIS 7476

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 2, 1968

Docket25066

StatusPublished

This text of 392 F.2d 170 (Franklin Folger Scott v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin Folger Scott v. United States, 392 F.2d 170, 1968 U.S. App. LEXIS 7476 (5th Cir. 1968).

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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.

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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.

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392 F.2d 170, 1968 U.S. App. LEXIS 7476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-folger-scott-v-united-states-ca5-1968.

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