Merrill Preston Harris v. Louis L. Wainwright, Director Division of Corrections, State of Florida

368 F.2d 840

Opinion

PER CURIAM:

On conflicting testimony the district court, in a hearing upon a petition for habeas corpus seeking relief from a state court conviction, held that there was no denial of any Constitutional right of the appellant. The Escobedo [Escobedo v. People of State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977] and Miranda [Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694] doctrines were invoked. The trial commenced prior to the Escobedo decision and hence the principles announced there and in Miranda are inapplicable. The order of the district court is

Affirmed.