Public-domain · open source
OpenJurist

308 F.2d 652

Docket No. 16708.

Williams v. United States

District of Columbia Circuit Court of Appeals

Argued Sept. 10, 1962.

Decided Sept. 27, 1962.

District of Columbia Circuit Court of Appeals · decided 1962-09-27

Cited by 4 later decisions — most recently February 1964

4 federal appellate ·

2 counsel of record

Relies on Mallory v. United States · Johnson v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-09-27

View the full empirical analysis of this case →

¶1*653Mr. Russell Specter, Washington, D. C., with whom Mr. S. G. Lippman, Washington, D. C., (both appointed by this court) was on the brief, for appellant. Mr. Tim L. Bornstein, Washington, D. C., also entered an appearance for appellant.

¶2Mr. Paul A. Renne, U. S. Atty., for ap-pellee. Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson, Asst. U. S. Atty. at the time of argument, Arthur J. McLaughlin, Asst. U. S. Atty., and John R. Schmertz, Jr., Asst. U. S. Atty. at the time the brief was filed, were on the brief for appellee. Messrs. Arnold T. Aikens and Frank Q. Nebeker, Asst. U. S. Attys., also entered appearances for appellee.

¶3Before Wilbur K. Miller, Chief Judge, and Danaher and Wright, Circuit Judges.

¶4PER CURIAM.

¶5Williams appeals from a robbery conviction on the ground that his confession was received in violation of the Mallory interpretation1 of Rule 5(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. There was, according to his counsel, a delay of about 20 minutes in taking him before the nearest available commissioner, during which he confessed.

¶6The record does not show any objection to the admission of the oral confession on a Mallory point or on any other ground. Thus the point was not preserved for presentation on appeal and, under established procedure, it will not be noticed here. Johnson v. United States, 110 U.S.App.D.C. 187, 290 F.2d 378 (1961).

¶7Subsequent to the allowance of this appeal, Williams’s counsel, realizing that in the absence of objection this court probably would not consider his argument as to inadmissibility, moved the District Court to correct or modify the record to make it show an objection to evidence of the oral confession based on coercion and a Mallory violation. This was under Rule 75(h) of the Federal Rules of Civil Procedure, 28 U.S. C.A. Various affidavits as to this were presented to the trial judge. He denied the motion, correctly we think.

¶8Affirmed.

/308/f2d/652 · .json · Public domain