Franklin Folger Scott v. United States

Fifth Circuit

Franklin Folger Scott v. United States

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

Court of Appeals for the Fifth Circuit·Decided April 2, 1968·No. 25066·Published

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.

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

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Opinion

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