UNITED STATES EX REL. GORHAM v. FRANZEN

No. 81-1788.

675 F.2d 932 (1982)

UNITED STATES of America ex rel. Robert GORHAM, Petitioner-Appellee, v. Gayle FRANZEN and James Greer, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1982.


Attorney(s) appearing for the Case

Martin Carlson, Asst. Deputy Defender, Chicago, Ill., for petitioner-appellee.

Neal B. Goodfriend, Asst. Ill. Atty. Gen., Chicago, Ill., for respondents-appellants.

Before SWYGERT, Senior Circuit Judge, and PELL and BAUER, Circuit Judges.


PELL, Circuit Judge.

Robert Gorham (Gorham or petitioner) filed a successful habeas corpus petition in the district court, alleging that his Fifth Amendment privilege against self-incrimination had been violated by the introduction of a confession in his state trial. According to Gorham, the confession had been obtained from him in a custodial interrogation renewed immediately after he had refused to make a statement. The state trial court, after a pre-trial evidentiary...

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