Wilson v. Henderson
| Decision Date | 23 January 1979 |
| Docket Number | D,No. 832,832 |
| Parties | Joseph Allen WILSON, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee. ocket 78-2015. |
| Court | U.S. Court of Appeals — Second Circuit |
Circuit Judges FEINBERG, MANSFIELD, OAKES, and GURFEIN vote to reconsider whether Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), requires reversal of the judgment of the District Court.
Circuit Judges MANSFIELD, OAKES, and GURFEIN also vote to reconsider whether reversal is required by Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).
I wish to have my dissent to the denial of the petition for rehearing en banc noted not to add anything to the substance of what was said in my original dissenting panel opinion but to underscore the importance of the Miranda and Massiah issues involved, an importance that is emphasized by Professor Yale Kamisar's forthcoming article, Brewer v. Williams, Massiah and Miranda: What Is "Interrogation"? When Does It Matter?, 67 Geo.L.J. 1 (1978), to be published shortly. I note also that a panel majority of the Fourth Circuit has recently held on the Massiah point directly contrary to the panel majority in this case. Henry v. United States, 590 F.2d 544 (4th Cir. 1978).
To continue reading
Request your trial
-
Wilson v. Henderson
...Although appellant has been before us on a previous application, Wilson v. Henderson, 584 F.2d 1185 (2d Cir.1978), rehearing denied, 590 F.2d 408 (2d Cir.), cert. denied, 442 U.S. 945, 99 S.Ct. 2892, 61 L.Ed.2d 316 (1979), the circumstances of this case require some reiteration of the facts......
-
Gonzalez v. Superintendent, Sullivan Corr. Facility, CV 90-2364.
...584 F.2d 1185, 1192 (2d Cir.) (sixth amendment not violated by twenty month delay between indictment and trial), reh'g denied, 590 F.2d 408 (2d Cir.1978), cert. denied, 442 U.S. 945, 99 S.Ct. 2892, 61 L.Ed.2d 316 (1979); United States ex rel. Spina v. McQuillan, 525 F.2d 813, 818 (2d Cir.19......
-
Anderson v. Smith
...that Anderson's decision was clear. The State urges that Wilson v. Henderson, 584 F.2d 1185 (2d Cir.1978), rehearing en banc denied, 590 F.2d 408, cert. denied, 442 U.S. 945, 99 S.Ct. 2892, 61 L.Ed.2d 316 (1979), is precedent for allowing clarifying questions even after the suspect clearly ......
-
U.S. v. Gotay
...v. Henderson, 584 F.2d 1185 (2d Cir.1978) (clarification of possible invocation of right to remain silent), rehearing in banc denied, 590 F.2d 408, cert. denied, 442 U.S. 945, 99 S.Ct. 2892, 61 L.Ed.2d 316 (1979). However, other courts have considered the problem. The Sixth Circuit has held......