(Download) "Mccalvin v. Yukins" by United States Court of Appeals Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Mccalvin v. Yukins
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
At issue in this habeas case is the voluntariness of Traci L. McCalvins confession. McCalvin was convicted of second-degree murder. During her trial, McCalvin moved to suppress her confession, but the trial court denied the motion as untimely because under Michigan law such motions generally must be filed before trial unless special circumstances are present. The district court granted McCalvin a writ of habeas corpus, ruling that there existed cause and prejudice sufficient to excuse her procedural default because she had established that her counsel rendered ineffective assistance by failing to file the motion to suppress before trial. The district court then found McCalvins confession involuntary because, among other things, a detective told McCalvin that, if she were convicted of first-degree murder, she would not have contact with her family, including her children. We reverse.
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