William Luther Elkins v. Asa Kelley, Director, State Board of Corrections

RIVES, Circuit Judge:

Warden Smith appeals from a judgment granting Elkins a writ of habeas corpus on grounds that, under principles enunciated in Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, his constitutional rights against self-incrimination have been violated during custodial interrogation. We vacate the judgment and remand the case with directions to dismiss without prejudice for failure to exhaust available and adequate state remedies.

Elkins was arrested and questioned about the location of the murder weapon prior to the Supreme Court’s decision in Miranda. He…