590 F.2d 408 - Wilson v. Henderson — 590 F.2d 408

How this case has been cited

Cited by 10 later decisions — most recently April 1991

4 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1

Circuit Judges FEINBERG, MANSFIELD, OAKES, and GURFEIN vote to reconsider whether Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), requires reversal of the judgment of the District Court.

¶2

Circuit Judges MANSFIELD, OAKES, and GURFEIN also vote to reconsider whether reversal is required by Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964).

¶3

Circuit Judge OAKES has filed a dissenting opinion.

OAKES, Circuit Judge (dissenting):

¶4

I wish to have my dissent to the denial of the petition for rehearing en banc noted not to add anything to the substance of what was said in my original dissenting panel opinion but to underscore the importance of the Miranda and Massiah issues involved, an importance that is emphasized by Professor Yale Kamisar's forthcoming article, Brewer v. Williams, Massiah and Miranda: What Is "Interrogation"? When Does It Matter?, 67 Geo.L.J. 1 (1978), to be published shortly. I note also that a panel majority of the Fourth Circuit has recently held on the Massiah point directly contrary to the panel majority in this case. Henry v. United States, 590 F.2d 544 (4th Cir. 1978).