Eutues White v. Fred Finkbeiner

HARLINGTON WOOD, Jr., Circuit Judge.

*542Pursuant to an order of the Supreme Court,1 this case is before us for the fourth time. The history of this protracted litigation dates to 1978, when this court reversed the district court’s denial of petitioner-appellant White’s application for habeas corpus relief and remanded the case for an evidentiary hearing on White’s fifth amendment claim that his uncounseled confession, obtained during custodial interrogation after he allegedly requested that counsel be present, was inadmissible at trial under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16…