471 F.2d 1249 (6th Cir. 1973), 72-1037, Dodge v. Johnson

Docket Nº:72-1037.
Citation:471 F.2d 1249
Party Name:Clinton DODGE, Petitioner-Appellant, v. Perry JOHNSON, Warden of the State Prison for Southern Michigan at Jackson, Michigan, Respondent-Appellee.
Case Date:January 19, 1973
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 1249

471 F.2d 1249 (6th Cir. 1973)

Clinton DODGE, Petitioner-Appellant,

v.

Perry JOHNSON, Warden of the State Prison for Southern Michigan at Jackson, Michigan, Respondent-Appellee.

No. 72-1037.

United States Court of Appeals, Sixth Circuit.

January 19, 1973

Argued Oct. 10, 1972.

Ray Graves, Detroit, Mich., for petitioner-appellant; Philip Van Dam, Neil H. Fink, Detroit, Mich., on brief.

Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., for defendant-appellee; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Before EDWARDS, McCREE and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal from the District Court's denial of the appellant's application for a writ of habeas corpus. In 1962 the appellant was convicted of armed robbery after a trial by jury and was sentenced to a term of imprisonment. In 1966 a delayed application for leave to appeal was granted by the Michigan Court of Appeals which referred the case back to the Genesee County Circuit Court for a hearing to determine the

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voluntariness of defendant's statements, admitted in evidence at the trial, pursuant to People v. Walker, 374 Mich. 331, 132 N.W.2d 87 (1965). After a full hearing in the Circuit Court for Genesee County, at which the appellant was represented by counsel, the Court concluded that the statements made by the appellant had been made voluntarily and that they were legally obtained. This decision was affirmed by the Michigan Court of Appeals. People v. Dodge, 12 Mich.App. 111, 162 N.W.2d 323 (1968). The Supreme Court of Michigan denied the appellant's application for leave to appeal. 381 Mich. 815 (1969).

In his application for a writ of habeas corpus the appellant claims that the statements he made were not voluntarily made and that he was denied his right to counsel at the preliminary examination in violation of the Sixth Amendment to the Constitution of the United States. The District Court had available the transcripts of the proceedings on the preliminary examination and the proceedings on the "Walker hearing." The same transcripts have been examined by this Court.

The facts may be briefly stated as follows: The appellant was arrested early in the morning after a high speed automobile chase which ended when the appellant was involved in an accident. He ran from the scene of the accident but was found hiding in a field. He was taken to the State Police Post at Pontiac, Michigan, and from there was taken to the headquarters of the Flint Police Department. At the Flint Police Department he was placed in a series of lineups, for identification by witnesses to several robberies in which the appellant was suspected of participating. The last lineup was around 7 p.m., and about two hours thereafter the appellant made the statements which were later used against him in the trial. He does not claim that there was any overt coercion. He does complain that he was handcuffed, that the handcuffs were painful, (he admits that the handcuffs were loosened when he complained) and that he was given no medical attention for the injuries which he claims to have received in the automobile collision. He claims that he had a pain in his back and that his leg and right forehead were cut. He complains that he was not fed and was not permitted to sleep. He acknowledges that he made no request for medical attention immediately following the accident, and...

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