John Dee Larsen v. Orvil Stiles, Acting Warden of Idaho State Penitentiary, State of Idaho

Ninth Circuit

John Dee Larsen v. Orvil Stiles, Acting Warden of Idaho State Penitentiary, State of Idaho

417 F.2d 634, 1969 U.S. App. LEXIS 11533

Court of Appeals for the Ninth Circuit·Decided July 11, 1969·No. 22484·Published·Cited by 1 cases

Opinion

PER CURIAM:

The judgment is affirmed for the reasons stated in the order of the District Judge denying appellant’s petition for a writ of habeas corpus. Inasmuch as appellant’s state court conviction, State v. Larsen, 91 Idaho 42, 415 P.2d 685 (1966), preceded Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Miranda rule does not apply. Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966). Neither Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (1966), nor Greenwald v. Wisconsin, 390 U.S. 519, 88 S.Ct. 1152, 20 L.Ed.2d 77 (1968) enlarges the scope of Miranda to fit the facts here presented.

On the issue of alleged prejudicial publicity, the District Judge was on sound ground in requiring the appellant to first present this subject to the Idaho Courts. 28 U.S.C. § 2254.

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PER CURIAM:

The judgment is affirmed for the reasons stated in the order of the District Judge denying appellant’s petition for a writ of habeas corpus. Inasmuch as appellant’s state court conviction, State v. Larsen, 91 Idaho 42, 415 P.2d 685 (1966), preceded Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Miranda rule does not apply. Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966). Neither Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (1966), nor Greenwald v. Wisconsin, 390 U.S. 519, 88 S.Ct. 1152, 20 L.Ed.2d 77 (1968) enlarges the scope of Miranda to fit the facts here presented.

On the issue of alleged prejudicial publicity, the District Judge was on sound ground in requiring the appellant to first present this subject to the Idaho Courts. 28 U.S.C. § 2254.

John Dee Larsen v. Orvil Stiles, Acting Warden of Idaho State Penitentiary, State of Idaho, 417 F.2d 634, 1969 U.S. App. LEXIS 11533 (9th Cir. 1969).

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417 F.2d 634 (John Dee Larsen v. Orvil Stiles, Acting Warden of Idaho State Penitentiary, State of Idaho) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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