Wingate White, Warden, Louisiana State Penitentiary, Angola, Louisiana v. Albert George Progue

Fifth Circuit

Wingate White, Warden, Louisiana State Penitentiary, Angola, Louisiana v. Albert George Progue

393 F.2d 938, 1968 U.S. App. LEXIS 6927

Court of Appeals for the Fifth Circuit·Decided May 16, 1968·No. 25534_1·Published

Opinion

PER CURIAM:

The State of Louisiana appeals from a judgment of the United States District Court for the Western District of Louisiana vacating a judgment of conviction of the three appellants by the state courts of Louisiana because of the failure of the state trial court to suppress statements elicited from appellants while in custody.

In this pre-Miranda case, we conclude that the trial court properly applied the principles enunciated by the Supreme Court in Davis v. State of North Carolina, 384 U.S. 737, 86 S.Ct. 1761; Fikes v. State of Alabama, 352 U.S. 191, 77 S.Ct. 281, 1 L.Ed.2d 246, 16 L.Ed.2d 895; and Clewis v. State of Texas, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423, in determining the voluntariness of the confessions here in question. We agree with, and approve of, the opinion and judgment of the trial court as published at 271 F.Supp. (W.D.La.) 176, sub. nom. Progue v. Middlebrook, and we affirm the judgment based on that opinion.

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PER CURIAM:

The State of Louisiana appeals from a judgment of the United States District Court for the Western District of Louisiana vacating a judgment of conviction of the three appellants by the state courts of Louisiana because of the failure of the state trial court to suppress statements elicited from appellants while in custody.

In this pre-Miranda case, we conclude that the trial court properly applied the principles enunciated by the Supreme Court in Davis v. State of North Carolina, 384 U.S. 737, 86 S.Ct. 1761; Fikes v. State of Alabama, 352 U.S. 191, 77 S.Ct. 281, 1 L.Ed.2d 246, 16 L.Ed.2d 895; and Clewis v. State of Texas, 386 U.S. 707, 87 S.Ct. 1338, 18 L.Ed.2d 423, in determining the voluntariness of the confessions here in question. We agree with, and approve of, the opinion and judgment of the trial court as published at 271 F.Supp. (W.D.La.) 176, sub. nom. Progue v. Middlebrook, and we affirm the judgment based on that opinion.

Wingate White, Warden, Louisiana State Penitentiary, Angola, Louisiana v. Albert George Progue, 393 F.2d 938, 1968 U.S. App. LEXIS 6927 (5th Cir. 1968).

Pincite

393 F.2d 938 (Wingate White, Warden, Louisiana State Penitentiary, Angola, Louisiana v. Albert George Progue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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