Legal Opinion
Emil Klamert v. Hoyt Cupp, Warden, Oregon State Penitentiary
Court of Appeals for the Ninth Circuit
Decided December 28, 1970No. 26049PublishedCited by 20 opinions
1Opinion of the Court
HAMLEY, Circuit Judge:
Emil Klamert, a prisoner of the State of Oregon, appeals from a district court order, entered after an evidentiary hear ing, denying his application for a writ of habeas corpus. The conviction has been upheld by the Supreme Court of Oregon, Oregon v. Klamert, 253 Ore. 485, 455 P.2d 607 (1969).
The question presented is whether, either as a matter of law or fact, Kla-mert’s oral confession to a police officer, while under arrest and enroute from one police station to another in a police car, was constitutionally inadmissible because of alleged prior custodial police…
2Cases cited4 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Arnold Lowe v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- Robert Camacho v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- State v. KlamertOregon Supreme Court · 1969
3Cited by20 opinions
- Enrique Ortiz Cervantes v. Bill Walker, Superintendent, Banning Road CampCourt of Appeals for the Ninth Circuit · 1979
- State v. LaffertySupreme Judicial Court of Maine · 1973
- State v. AmorinHawaii Supreme Court · 1979
- United States v. Leonard W. Allen, AKA Leonard AndrewsCourt of Appeals for the Ninth Circuit · 1982
- Collins v. StateSupreme Court of Delaware · 1980
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