[Download] "Lufkins v. Solem" by United States Court of Appeals for the Eighth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Lufkins v. Solem
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 12, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

FLOYD R. GIBSON, Senior Circuit Judge. Dennis Lufkins, a life-term prisoner convicted of voluntary manslaughter in a South Dakota state trial court, sought a writ of habeas corpus in the federal district court,1 alleging: (1) he was denied due process because inadequate procedures were used by the trial court to determine the voluntariness of an incriminating statement he gave to law enforcement authorities; and (2) he was denied effective assistance of counsel. After an evidentiary hearing, the district court issued an order granting Lufkins habeas relief. The court ruled that under Jackson v. Denno, 378 U.S. 368, 12 L. Ed. 2d 908, 84 S. Ct. 1774 (1964), Lufkins was entitled to a new, full and fair hearing on the voluntariness of the incriminating statement. The court also ruled that Lufkins was entitled to a new trial or release from prison because he was denied effective assistance of counsel. South Dakota now appeals these rulings. We affirm.

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