CICENIA V. LAGAY, 357 U. S. 504 (1958)

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U.S. Supreme Court

Cicenia v. Lagay, 357 U.S. 504 (1958)

Cicenia v. Lagay

No. 177

Argued April 2, 1958

Decided June 30, 1958

357 U.S. 504


Claiming that his conviction of murder in a state court on a plea of non vult violated the Due Process Clause of the Fourteenth Amendment, petitioner applied to a Federal District Court for a writ of habeas corpus, which was denied. He had retained counsel before his arrest, but, while being questioned by state police, he was repeatedly denied the right to consult his counsel until he had confessed. He was not permitted to inspect his confession before pleading to the indictment.

Held: petitioner's conviction did not violate the Due Process Clause of the Fourteenth Amendment. Pp. 357 U. S. 505-511.

1. An independent examination of the record satisfies this Court that the District Court was justified in concluding that petitioner failed to substantiate the charge that his confession was coerced. P. 357 U. S. 508.

2. Refusal to permit petitioner to consult his counsel while being questioned by the state police did not, of itself, violate the Fourteenth Amendment. Crooker v. California, ante, p. 357 U. S. 433. Pp. 357 U. S. 508-510.

3. In the absence of a showing of prejudice, petitioner was not denied due process by the trial judge's discretionary refusal to permit him to inspect his written confession before pleading to the indictment. Pp. 357 U. S. 510-511.

240 F.2d 844, affirmed.

Page 357 U. S. 505

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