EDWARDS v. BRAY

No. 80-2150.

688 F.2d 91 (1982)

Richard Thomas EDWARDS, Petitioner-Appellant, v. Harold BRAY, Sheriff of the County of Jefferson; and J. D. MacFarlane, Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 13, 1982.


Attorney(s) appearing for the Case

Lee Jay Belstock, Denver, Colo., for petitioner-appellant.

Nathan B. Coats, Chief, Crim. Appeals Unit Enforcement Section, Denver, Colo. (J. D. MacFarlane, Atty. Gen., State of Colo., Richard F. Hennessey, Deputy Atty. Gen., and Mary J. Mullarkey, Sol. Gen., Denver, Colo., with him on the brief), for respondents-appellees.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Richard Thomas Edwards appeals from the district court's denial of his petition for a writ of habeas corpus. On appeal the only issue is whether Edwards' Fifth Amendment privilege against self-incrimination prohibits the introduction into evidence of the results of a roadside sobriety test because the police elicited particular oral statements from Edwards before giving him a Miranda warning.

Police officer Thomas J. Dietzman,...

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