Earl Gunsby v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation

RONEY, Circuit Judge:

This case involves the proper application of Hutto v. Ross, 429 U.S. 28, 97 S.Ct. 202, 50 L.Ed.2d 194 (1976), to the admissibility of (1) a statement made by a defendant to the prosecutor, and (2) a deposition taken of the defendant under subpoena from a codefend-ant, both after a plea bargain, which was later set aside at the Government’s request. After an evidentiary hearing, the district court held that both the statement and the deposition were legally involuntary, and therefore inadmissible in the state trial because they violated the defendant’s constitutional right…