JONES v. DUGGER

No. 87-5363.

839 F.2d 1441 (1988)

Oliver JONES, Petitioner-Appellant, v. Richard L. DUGGER, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 14, 1988.


Attorney(s) appearing for the Case

Elliot H. Scherker, Asst. Public Defender, Eleventh Judicial Circuit of Florida, Miami, Fla., for petitioner-appellant.

Julie S. Thornton, Asst. Atty. Gen., Dept. of Legal Affairs, Miami, Fla., for respondent-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

We consider a single, difficult issue in this case: may the prosecution, to rebut a defendant's claim of insanity, present the opinion testimony of a police officer that a defendant was sane at the time of the offense, when that opinion is based on observations of the defendant during an interrogation in violation of Miranda because the defendant did not intelligently waive his rights?

I.

Terry Sonier and Kathy Collis...

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