Donnie McDonald v. Eddie Lucas

WISDOM, Circuit Judge:

This action for habeas relief presents the question whether the petitioner, after refusing to sign a waiver of his Miranda rights, waived those rights by his course of conduct. Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Since Miranda, the Supreme Court has held that an express waiver is not required. North Carolina v. Butler, 1979, 441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286. We hold, however, that the petitioner’s course of conduct, including limited answers to questions, did not constitute an implied waiver of his Miranda rights.

I

In…