George Jones M-2329 v. Charles Zimmerman

OPINION OF THE COURT

WEIS, Circuit Judge.

In this habeas corpus case, petitioner alleges that the state trial court was required to rule specifically on the voluntariness of an inculpatory statement even though he denied making it. He also alleges a deprivation of the right to counsel of his choice because the prosecution demanded that the lawyer represent either petitioner or a co-defendant. We conclude that by denying suppression of the statement the state judge implicitly ruled it was voluntary, and similarly that failure to submit the issue to the jury was not constitutionally erroneous. We…