United States Ex Rel. James L. Wright v. J. E. Lavallee, Superintendent of Clinton Correctional Facility, Dannemora, New York

MANSFIELD, Circuit Judge:

Upon this appeal by a state prisoner from the denial, without an evidentiary hearing, of a writ of habeas corpus, petitioner asserts that a statement taken from him after his arrest and during custodial interrogation was improperly used against him at trial in violation of the exclusionary principle of Escobedo v. Illinois, 378 U.S. 478, 490-491, 84 S.Ct. 1758, 1765, 12 L.Ed.2d 977 (1964), which held that after a prisoner has requested and been denied counsel “no statement elicited by the police during the interrogation may be used against him at a criminal trial.” 1

Th…