Scott v. United States

Fifth Circuit Court of Appeals

Decided April 2, 1968.

Fifth Circuit Court of Appeals · decided 1968-04-02

Cited by 1 later decisions — most recently April 1968

1 federal appellate ·

2 counsel of record

Relies on Gibson v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-04-02

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¶1Thomas F. Walsh, Savannah, Ga., for appellant.

¶2Richard C. Chadwick, Bruce B. Greene, Asst. U. S. Attys., Savannah, Ga., for appellee.

¶3Before BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.

¶4PER CURIAM:

¶5The appellant was tried and convicted before Miranda. Because of errors not here pertinent he was granted a new trial, which took place after Miranda. On the retrial his statement, which did not meet Miranda standards, was admitted into evidence. This Circuit is committed to the principle that in a retrial after Miranda, following a pre-Miranda trial, the standards of Miranda are applicable. Gibson v. U. S., 363 F.2d 146 (5th Cir. 1966).

¶6Reversed and remanded.