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JOHNSON v. HALL

No. 79-1061.

605 F.2d 577 (1979)

Ronald L. JOHNSON, Petitioner-Appellant, v. Frank A. HALL and John E. Bates, Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided September 10, 1979.

Attorney(s) appearing for the Case

Edward Berkin, Dorchester, Mass., by appointment of the Court, for petitioner-appellant.

Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. App. Section, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Div., Boston, Mass., were on brief, for respondents-appellees.

Before CAMPBELL, Circuit Judge, BOWNES, Circuit Judge, DEVINE, District Judge.

DEVINE, District Judge.

This habeas corpus appeal challenges the admission of a confession at a trial which was concluded prior to the decisions in Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964), and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Judging the confession in light of the standard of Procunier v. Atchley,

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