TAYLOR v. ELLIOTT

No. 71-3454.

458 F.2d 979 (1972)

Lawrence Erskine TAYLOR, Petitioner-Appellant, v. M. J. ELLIOTT, Warden, Atmore Prison Farm, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 17, 1972.


Attorney(s) appearing for the Case

Fred Blanton, Jr., Birmingham, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., John A. Yung, IV, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before RIVES, COLEMAN and DYER, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 17, 1972.

DYER, Circuit Judge:

Taylor, an Alabama state prisoner, appeals a denial of federal habeas corpus relief from his conviction on a jury verdict of guilty of second degree murder. He claims that an incriminating statement made by him while in the custody of state police officers and without the presence of his retained counsel was constitutionally inadmissible at his trial. We reverse.

On January 13...

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