ALBERT LEE, APPELLANT,
v.
LAWRENCE E. WILSON, WARDEN, ETC., APPELLEE
PER CURIAM.
Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) requires rejection of appellant’s contention that the rule of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) should be applied retrospectively to his in-custody interrogation. The fact that the questioning was secretly recorded, and the recording introduced in evidence, does not in itself present a constitutional violation. Lopez v. United States, 373 U.S. 427, 438-440, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963); Benson v. People of State of California, 336 F. 2d 791 (9th Cir., 1964); Carbo v. United States, 314 F. 2d 718, 738 (9th Cir., 1963); Todisco v. United States, 298 F. 2d 208 (9th Cir., 1961). The remaining grounds for relief relied upon by appellant were properly rejected because alleged only in conclusory terms, unsupported by factual detail.
Affirmed.
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)
- Johnson v. New Jersey, 384 U.S. 719 (U.S. 1966)
- Lopez v. United States, 373 U.S. 427 (U.S. 1963)
- Carbo v. United States, 314 F.2d 718 (9th Cir. 1963)
- Todisco v. United States, 298 F.2d 208 (9th Cir. 1961)
- Benson v. People OF the State OF Cal., 336 F.2d 791 (9th Cir. 1964)