United States v. Talavera

I concur with the majority on the issues of speedy trial and pretrial identification. However, I do not agree that the appellant’s pretrial statements were voluntary. I agree generally with the facts set forth by the majority concerning the statements. However, in order to place the legal question in the proper perspective it is appropriate to set forth additional facts bearing on this issue.

As correctly noted by the majority, the testimony concerning the confessions is in conflict in several significant areas. The appellant testified that he was arrested at 0500 hours on 2 February 1973 by…