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LEVISTON v. BLACK

No. 87-1303.

843 F.2d 302 (1988)

Michael Ricardo LEVISTON, Appellant, v. Charles BLACK, Warden, Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1988.

Attorney(s) appearing for the Case

Louis Michael Thrasher, Lincoln, Neb., for appellant.

Linda L. Willard, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before JOHN R. GIBSON, BOWMAN and WOLLMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The sole issue meriting discussion in this appeal is whether Michael Ricardo Leviston was "in custody" for Miranda purposes when he made incriminating statements about a robbery, of which he was subsequently convicted, during two interviews with a police officer. At the time, Leviston was incarcerated on an unrelated misdemeanor conviction for assault. Leviston's statements were not preceded by Miranda warnings and were...

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