William Gilreath v. Frank A. Eyman, Warden, Arizona State Prison

Appellant Gilreath appeals from an order of the District Court denying his petition for a writ of habeas corpus. ( 28 U.S.C. § 2253 .) He is. serving a life sentence following his state court conviction of first degree murder.

Appellant contends that there was constitutional error in his trial in admitting into evidence his extrajudicial statements to police officers and in failing to permit him to testify during a hearing to determine the voluntariness of the challenged statements.

Two officers testified at the hearing on voluntariness. Each officer described the circumstances of appellant’s interrogations and each testified about the admonitions given to appellant before he talked. Appellant’s attack is focused on the third and last conversation with the police. He claims that Officer Sellers did not then adequately admonish him and that he did not then waive his right to counsel. He concedes, as he must on this record, that the colloquies preceding his prior statements complied with Escobedo standards. In testifying about the third conversation with appellant, Officer Sellers did not restate the admonition he gave appellant. He testified that he “again advised” appellant “of…