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HARRYMAN v. ESTELLE

No. 78-2459.

597 F.2d 927 (1979)

Burley Clifton HARRYMAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1979.

Attorney(s) appearing for the Case

Michael Anthony Maness, Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Douglas M. Becker, David M. Kendall, Jr., Joe B. Dibrell, Jr., Randy E. Drewett, Barbara M. Barron, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, GODBOLD and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

This habeas corpus appeal arose out of a state trial court's failure to apply the prophylactic rule of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), to admissions regarding the contents of a condom. The district court denied habeas relief on the ground that the Miranda violation was harmless constitutional error. We reverse and...

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