Edward Fields v. Donald Wyrick

ROSS, Circuit Judge.

This case is once again before the court for consideration of the issue of the admissibility of an inculpatory statement made by petitioner during post-polygraph test interrogation conducted in the absence of petitioner’s counsel. For present purposes only a brief outline of the relevant factual and procedural history is necessary. 1

Petitioner Edward Fields, then a soldier in the United States Army, was arrested on September 25, 1974, and charged with the rape of an eighty-one year old woman. At the time of his arrest he was advised of his rights under Miranda v. Arizona,…