Grant Wilson, Jr. v. Frank Madigan and People of the State of California
389 F.2d 97·1968 U.S. App. LEXIS 8396
United States Court of Appeals for the Ninth CircuitJanuary 16, 196821684_1California109 words
Opinion
Footnote 37, at page 468, of Miranda v. State of Arizona, 384 U.S. 436 , in part reads as follows:
Wilson’s state trial was completed prior to June 13, 1965, the date of the Miranda decision.
If footnote 37 of Miranda is retroactive, Wilson has a point of some substan-tiality on the use of testimony that he remained silent under a suggestion of an officer of his complicity in the crime for which he was convicted.
We hold that Johnson v. State of New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 is applicable and that the holding of footnote 37 was not retroactive.
Affirmed.