UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CLIFFORD D. LEWIS, DEFENDANT-APPELLANT

9th Cir. | 1971-10-08
No. 71-1001
448 F.2d 788 United States Court of Appeals for the Ninth Circuit (1971) Positive Treatment
Cited by 2 cases

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Holding

The court held that the conviction for theft from the United States mail should be affirmed due to overwhelming admissible evidence, despite some close rulings.


Facts & Procedural History

The defendant was convicted of theft from the United States mail. The trial court made several close rulings concerning Miranda, Griffin, and Jackson.…

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Opinion of the Court
PER CURIAM:

PER CURIAM: The judgment of conviction in this case of theft from the United States mail is affirmed.

The trial courts made several close rulings in Miranda,1 Griffin v. California,2 and Jackson v. Denno 3 areas. If error, it was not aggravated.

We find the properly admissible evidence was so overwhelming that Chapman and Harrington 5 indicate the conviction should be affirmed.

However, the procedure here followed in inquiring into admissions would result, under Jackson v. Denno, in a reversal in a close ease.

We find the issue about the trial court’s response to a question of the jury not well taken. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). . Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). . Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1966). . Harrington v. California, 395 U.S. 250, 89 S.Ct. 1726, 23 L.Ed.2d 284 (1969).


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