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WILLIAMS v. MAGGIO

No. 83-3001.

727 F.2d 1387 (1984)

Thomas Willie WILLIAMS, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 26, 1984.

Attorney(s) appearing for the Case

Ralph S. Whalen, Jr., New Orleans, La. (court-appointed), for petitioner-appellant.

John H. Craft, William R. Campbell, Asst. Dist. Attys., New Orleans, La., for defendants-appellees.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The habeas corpus petitioner questions the voluntariness of an incriminating statement that was used to impeach his testimony in a state criminal proceeding. He was denied a hearing by the state trial court. The state supreme court found that the voluntariness of the statement was established by the record. While a criminal defendant is constitutionally entitled to a hearing on the voluntariness of any confession or incriminating statement...

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