Earl R. Cephus v. United States

(dissenting) :

On the basis of recent cases in this court and the Supreme Court, it seems clear that appellant’s incriminating statements would have been inadmissible in the Government’s case in chief. Ricks v. United States, 118 U.S.App.D.C. 216, 334 F.2d 964 (1964); Queen v. United States, 118 U.S.App.D.C. 262, 335 F.2d 297 (1964); Johnson and Stewart v. United States, 120 U.S.App.D.C. 69 at 70, 344 F.2d 163 at 164 (1964); see also Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964); Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The…