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MILLER v. FENTON

No. 83-5530.

796 F.2d 598 (1986)

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 June 26, 1986.

Attorney(s) appearing for the Case

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

Irwin I. Kimmelman, Atty. Gen., Anne C. Paskow (argued), Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for appellees.

Before SEITZ, GIBBONS and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This state habeas corpus appeal requires us to determine whether a confession to murder, alleged by the petitioner to have been secured by psychological coercion, was voluntary and hence admissible. After reviewing the circumstances of the confession under a plenary standard, see Miller v. Fenton, ___ U.S. ___, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985), rev'g Miller v. Fenton, 741 F.2d...

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