RANDALL v. ESTELLE

No. 73-3298.

492 F.2d 118 (1974)

Herman RANDALL, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections and Clarence Jones, etc., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 4, 1974.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, Tex., for petitioner-appellant.

John B. Tolle, Asst. Dist. Atty., Dallas, Tex., John L. Hill, Atty. Gen., Robert C. Flowers, Roland Daniel Green, III, Thomas M. Pollan, Asst. Attys. Gen., Austin, Tex., for respondents-appellees.

Before BELL, THORNBERRY and DYER, Circuit Judges.


DYER, Circuit Judge:

Randall appeals from the district court's denial of his habeas petition challenging the legality of his state murder conviction. The petitioner bases his claim for relief on the single contention that his testimonial admission of guilt was impelled by the prosecution's introduction of a written confession procured from Randall by an investigating officer who gave the petitioner fatally belated Miranda warnings. We vacate and remand for...

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