Document Type

Article

Publication Date

8-7-1997

Abstract

Petitioner-appellant Tommy Nelson appeals from a judgment entered in the United States District Court for the Eastern District of New York (Sifton, J.) denying his petition for a writ of habeas corpus, the court having determined that Nelson's confession was not coerced by the police and therefore that Nelson was not deprived of his Fifth Amendment privilege against compulsory self-incrimination. The district court presumed the correctness of the state court's factual findings that Nelson had not been threatened and beaten by the police prior to giving his confession, and further determined that Nelson's claims, other than his coercion and Miranda claims, were barred from federal habeas review.

For the reasons that follow, we affirm.

Comments

121 F.3d 828 (1997)

Tommy NELSON, Petitioner-Appellant,

v.

Hans WALKER, Supt. Auburn Corr. Facility, Respondent-Appellee.

No. 1213, Docket 96-2354.

United States Court of Appeals, Second Circuit.

Argued May 2, 1997.

Decided August 7, 1997.

New York Law School location: File #2527, Box #137

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