Earnest Norman v. Louis S. Nelson, Warden

Appellant Norman is a California state prisoner, convicted of burglary in 1965. He petitioned for a writ of ha-beas corpus on six grounds. The District Court summarily disposed of three of Norman’s contentions for the reason that there were no factual allegations to support them but ordered a hearing on the three remaining contentions. These contentions were also eventually rejected, and Norman appeals.

Norman’s first principal contention is that he was subjected to an illegal pre-arraignment interrogation and that statements made by him were involuntary and made without waiver of his right to remain silent. These contentions were factually resolved against Norman by both the state court and the District Court, and we see no reason to disturb those findings.

Norman also complains of an oral statement made by a person arrested with him. During Norman’s state court trial, the statement was introduced into evidence, although the person who had made it, when called as a witness, had claimed his Fifth Amendment privilege and re fused to testify. Norman would have us now hold that this procedure violated his right of confrontation under Bruton v. United States, 391 U.S. 123 , 88 S.Ct.…