[DOWNLOAD] "Gorham v. Franzen" by United States Court of Appeals for the Seventh Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Gorham v. Franzen
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
BAUER, Circuit Judge. This case presents us with the second appeal in this habeas corpus action, in which the district court has twice granted the writ. In its first order in this case granting the writ, the district court reviewed the state court record and concluded that Gorham's confession was obtained in violation of his fifth amendment right to remain silent under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). On appeal, this court vacated the district court's order and remanded the action for an evidentiary hearing to determine whether Gorham had invoked his right to remain silent prior to questioning by the police. United States ex rel. Gorham v. Franzen, 675 F.2d 932 (7th Cir. 1982) (Gorham I). On August 23, 1982, the district court held an evidentiary hearing and on June 29, 1983, again granted the writ of habeas corpus. After a thorough review of the record in this case, we reverse.
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