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UNITED STATES EX REL. WRIGHT v. LaVALLEE

No. 250, Docket 72-1796.

471 F.2d 123 (1972)

UNITED STATES ex rel. James L. WRIGHT, Petitioner-Appellant, v. J. E. LaVALLEE, Superintendent of Clinton Correctional Facility, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 22, 1972.

Attorney(s) appearing for the Case

Stephen E. Banner, New York City (Simpson, Thacher & Bartlett, New York City, of counsel), for petitioner-appellant.

Amy Juviler, Asst. Atty. Gen., of N. Y. (Louis J. Lefkowitz, Atty. Gen., of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

Upon this appeal by a state prisoner from the denial, without an evidentiary hearing, of a writ of habeas corpus, petitioner asserts that a statement taken from him after his arrest and during custodial interrogation was improperly used against him at trial in violation of the exclusionary principle of Escobedo v. Illinois, 378 U.S. 478, 490-491, 84 S.Ct. 1758, 1765, 12 L.Ed.2d 977 (1964), which held that after...

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