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1970), cert. Appellee Williams, who had a room on the seventh floor of the YMCA building, was seen in the lobby coming from the elevator carrying some clothing and a large bundle wrapped in a blanket. The record also indicates with regard to the facts challenged here that the state court did not resolve 'the merits of the factual disputes.' McKnight, the lawyer, was still at the Des Moines police headquarters, and Williams conversed with McKnight on the telephone. This boy testified that when the appellee placed the bundle in the passenger's seat he 'saw two legs in it and they were skinny and white.' The District Court here found that the state trial court failed to place such burden upon the state prosecutor before it allowed into evidence incriminating statements made by appellee to Detective Leaming and that therefore the state court had applied the wrong constitutional standard. As noted heretofore, this case was submitted to the United States District Court on the record of the facts and proceedings in the state court. According to Williams, Kelly then advised the police that Williams wouldn't be talking to them until his return to Des Moines. When Detective Leaming replied that he was unsure, Williams directed the officers to a service station where he said he had left the shoes; a search for them proved unsuccessful. A review by this court of the record of the state proceedings reveals certain discrepancies between the testimony of Mr. Kelly and Detective Leaming and certain ambiguities in some of the testimony upon which the District Court relied in making its findings. See United States v. Stabler, 490 F.2d 345, 350--351 (8th Cir. The District Court held that Williams, after he had been arraigned and had consulted with two different lawyers, had been deprived of his constitutionally-protected right to the assistance of counsel during the course of a 160-mile automobile trip from Davenport, Iowa to Des Moines, Iowa in a custody of two police officers. Arizona. [1] This conviction was upheld by the Supreme Court in Nix v. Williams (1984), which affirmed the constitutionality of an inevitable discovery exception. Mr. Justice Marshall, Mr. Justice Powell, and Mr. Justice Stevens, who, along with Mr. Justice Brennan, have joined the opinion of the Court, have also each filed concurring opinions. Eventually, as we were traveling along there, I said to Mr. Williams that, 'I want to give you something to think about while we're traveling down the road.' The search was unsuccessful. And I feel we should stop and locate it on the way in rather than waiting until morning and trying to come back out after a snow storm and possibly not being able to find it at all.'. The court granted the writ, finding that questioning Williams during the drive violated his right to counsel, and the evidence in question was wrongly admitted at trial. Would you like Wikipedia to always look as professional and up-to-date? They exited from the freeway at the turn-off indicated by Williams, and after one or two false turns, finally came to a place in the road where the body was located in the snow. ", The evidence in question was introduced over counsel's continuing objection at the subsequent trial. 97 S.Ct. After an evidentiary hearing the trial judge denied the motion. On the morning of December 26, a Des Moines lawyer named Henry McKnight went to the Des Moines police station and informed the officers present that he had just received a long-distance call from Williams and that he had advised Williams to turn himself in to the Davenport police. No. He expressly stated that he did, and therefore understood, as he was told, that he had the right to remain silent and to be represented by an attorney during questioning. Leaming later testified that he did not, in fact, know that the body was near Mitchellville. This conclusion was based on three alternative and independent grounds: (1) Williams had been denied his constitutional right to the assistance of counsel; (2) he had been denied the constitutional protections defined by Escobedo v. Illinois, 378 U.S. 478, and Miranda v. Arizona; and (3) in any event, his self-incriminatory statements on the automobile trip from Davenport to Des Moines had been involuntarily made. 1970), aff'd, 453 F.2d 362 (8th Cir. 128, 132 (D. Neb. 469 (1952): 'On the other hand, State adjudication of questions of law cannot, under the habeas corpus statute, be accepted as binding. And I feel we should stop and locate it on the way in rather than waiting until morning and trying to come back out after a snow storm and possibly not being able to find it at all. Soon after the girl's disappearance Williams was seen in the YMCA lobby carrying some clothing and a large bundle wrapped in a blanket. The judge ruled, however, that Williams had "waived his right to have an attorney present during the giving of such information. And, since we will be going right past the area on the way into Des Moines, I feel that we could stop and locate the body, that the parents of this little girl should be entitled to a Christian burial for the little girl who was snatched away from them on Christmas [E]ve and murdered.

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