SMITH v. ENDELL

No. 86-4357.

860 F.2d 1528 (1988)

Michael T. SMITH, Petitioner-Appellant, v. Roger V. ENDELL, Commissioner of the Department of Corrections, State of Alaska, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1988.


Attorney(s) appearing for the Case

Peggy A. Roston, Bankston, McCollum & Fossey, Anchorage, Alaska, for petitioner-appellant.

W.H. Hawley, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, Alaska, for respondent-appellee.

Before BROWNING, NORRIS and O'SCANNLAIN, Circuit Judges.


JAMES R. BROWNING, Circuit Judge:

Smith was convicted in the Superior Court of the State of Alaska for the murder of Ron and Darcelle Cole. He appealed to the Alaska Court of Appeals asserting, among other claims, that the Superior Court failed, in violation of rules established in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), to suppress a confession obtained in the absence of counsel through in-custody...

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