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FELDER v. McCOTTER

No. 84-2336.

765 F.2d 1245 (1985)

Sammie FELDER, Jr., Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1985.

Attorney(s) appearing for the Case

Jay Topkis, Todd D. Stern, New York City, Peter Buscemi, Paul, Weiss, Rifkind, Wharton & Garrison, Washington, D.C., Bruce V. Griffiths, Houston, Tex., Jill Levi, Rego Park, N.Y., for petitioner-appellant.

Jim Mattox, Atty. Gen., J.D. Hooper, Duane E. Crowley, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOLLY and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

After counsel for a person who has been charged with and arrested for a criminal offense has directed the police not to interrogate the accused in the absence of counsel, a confession elicited from the accused by police questioning in counsel's absence is inadmissible even though the police have given him a Miranda warning. The accused's response to the questioning is not a waiver of his previously-asserted right to the assistance...

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