(DOWNLOAD) "Barker v. Jago" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Barker v. Jago
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
BEFORE: ENGEL and MARTIN, Circuit Judges; and CELEBREZZE, Senior Circuit Judge Order The petitioner has appealed from the district court's denial of his petition for writ of habeas corpus in which he challenged his conviction for rape, aggravated robbery, kidnapping and assault. In his petition, he alleged that the trial court erred in failing to suppress a statement he gave to police while unrepresented by counsel, that the trial court erred in failing to excuse a juror for cause after she stated that she believed a defendant should prove his innocence, that the prosecutor's closing argument was improper and that the trial court erred in admitting a statement he gave to his parole officer without first determining whether the warnings required under Miranda v. Arizona, 384 U.S. 436 (1966) had been given. The appeal is now before this Court for consideration pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon careful consideration of the record and the briefs filed herein, this Court concludes that neither the admission of petitioner's statement into evidence nor the trial court's failure to excuse the juror for cause denied the petitioner any federally protected right. The Court further concludes that the prosecutor's closing argument was not so egregious so as to have rendered petitioner's trial fundamentally unfair, Cook v. Bordenkircher, 602 F.2d 117 (6th Cir. 1979) and that the use of petitioner's statement to his parole officer for purposes of impeachment was constitutionally permissible. Harris v. New York, 401 U.S. 222 (1971); Oregon v. Hass, 420 U.S. 714 (1975).
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