BLACKMON v. BLACKLEDGE

No. 75-1827.

541 F.2d 1070 (1976)

Johnny James BLACKMON, Appellee, v. Stanley BLACKLEDGE, Warden, Central Prison, Raleigh, North Carolina, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1976.


Attorney(s) appearing for the Case

Joan H. Byers, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., and Richard N. League, Asst. Atty. Gen., Raleigh, N. C., on brief), for appellants.

Michael K. Curtis, Greensboro, N. C. (Smith, Patterson, Follin, Curtis & James, Greensboro, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and WYZANSKI, Senior District Judge.


HAYNSWORTH, Chief Judge:

Imprisoned in North Carolina upon a sentence imposed after a conviction of murder, Blackmon sought a federal writ of habeas corpus, complaining of receipt in evidence of a confession. The district court granted the writ, and the warden has appealed. We reverse, concluding that Blackmon waived his right to counsel, that the confession was voluntary and that it was properly admitted into evidence.

After an arrest upon another charge...

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