Norman Stumes v. Herman Solem

ARNOLD, Circuit Judge.

This case comes to this Court on remand from the United States Supreme Court. Solem v. Stumes, — U.S. —, 104 S.Ct. 1338, 79 L.Ed.2d 579 (1984). In our earlier decision, 671 F.2d 1150 (1982), we applied the per se rule of Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), to exclude confessions that Stumes made without the presence of counsel after he had invoked his right to counsel. The Supreme Court reversed, holding that the per se rule of Edwards is not retroactive and should not have been applied to bar the admission of Stumes’s confessions.…