Stokes v. Singletary

BIRCH, Circuit Judge:

This habeas corpus petition requires examination of an inculpatory confession taken without the presence of counsel after counsel had been appointed, and admitted into evidence at the trial resulting in petitioner’s conviction. Approving the magistrate’s report and recommendation, the district court determined that petitioner knowingly and voluntarily waived his right to counsel prior to his confession, and that his confession was not the result of psychological coercion. Our review of the record reveals factual, procedural and constitutional problems. The state and…