Raymond Leroy Devers v. People of the State of California and Lawrence F. Wilson, Warden

Good Law
422 F.2d 1263·1970 U.S. App. LEXIS 10833
United States Court of Appeals for the Ninth CircuitFebruary 6, 197022964California513 words

Opinion

Opinion

Appellant Devers is a California state prisoner. In 1964, he was sentenced to life imprisonment following his plea of guilty to first degree murder. The homicide occurred during the robbery of a service station in the presence of several witnesses who, although apparently unable to describe the robbers, supplied a description of the automobile used by them. The vehicle was stopped near the scene within minutes of the crime, and one of the occupants was Devers. He was arrested and subjected to intensive interrogation for the next two days. Several incriminating statements were obtained before counsel was appointed. Devers’ appointed counsel persuaded him to plead guilty out of fear that Devers would receive the death penalty should he be convicted in a jury trial.

In his petition for habeas corpus, Devers alleged that his guilty plea resulted from the statements obtained from him and that the statements were involuntary because of physical and psychological coercion applied in the interrogation process. The District Court concluded, after an evidentiary hearing, that the statements were made voluntarily and with full knowledge of the consequences. Devers here argues that the…

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