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DURAN v. STAGNER

No. C-85-20005-WAI.

620 F.Supp. 803 (1985)

Jesse Albert DURAN, Petitioner, v. A.A. STAGNER, Superintendent, Respondent.

United States District Court, N.D. California.

July 9, 1985.

Attorney(s) appearing for the Case

Kevin Morrison, Sheldon Portman, Public Defender, County of Santa Clara, San Jose, Cal., for petitioner.

John Van de Kamp, Atty. Gen., San Francisco, Cal., for respondent.

MEMORANDUM OF DECISION

INGRAM, District Judge.

The application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED in the manner herein specified.

The following facts are without dispute:

Petitioner was arrested for murder.

Petitioner's exculpatory statement was taken by police officers in circumstances which violated the requirements set forth in Miranda v. Arizona, 384 U.S. 436<...

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