MILLER v. FENTON

No. 83-5530.

741 F.2d 1456 (1984)

Frank M. MILLER, Jr., Appellant, v. Peter J. FENTON, Superintendent, Rahway State Prison, Irwin I. Kimmelman, Attorney General, State of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 17, 1984.

Rehearing and Rehearing Denied September 28, 1984.


Attorney(s) appearing for the Case

Joseph H. Rodriquez, Public Defender, Claudia Van Wyk (Argued), Paul M. Klein, Asst. Deputy Public Defenders, East Orange, N.J., for appellant.

Irwin I. Kimmelman, Atty. Gen. Arlene R. Weiss (Argued), Deputy Atty. Gen., Division of Criminal Justice, Trenton, N.J., for appellees.

Before GIBBONS and BECKER, Circuit Judges, and ATKINS, District Judge.


Rehearing and Rehearing In Banc Denied September 28, 1984.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a habeas corpus case brought by Frank M. Miller, Jr., who was convicted in New Jersey state court of the murder of Deborah Margolin. In his habeas corpus petition, Miller alleges that his confession to the murder was involuntary, because the police detective's mode of questioning created psychological pressure that induced him to confess...

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