Leroy Wayne Earp v. Hoyt C. Cupp, Warden, Oregon State Penitentiary

Habeas corpus. In his application, Earp alleged that (1) several admissions used against him at his state trial were involuntarily made; (2) that they were secured in violation of his right to counsel and (3) that he was denied due process by an Oregon statute which easts upon an accused the burden of proving insanity. The district judge, at the conclusion of an evidentiary hearing, found against petitioner and denied the writ. We affirm.

1. The admissions were made and petitioner was tried prior to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); hence, since the rule announced in that decision is not retroactive [Johnson v. New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966)] the test of admissibility is whether, in the light of the attendant circumstances, the admissions were in fact voluntary. We agree with the district judge that they were.

The first series of incriminating statements were given by petitioner in the course of a rambling conversation with one of the detectives during the automobile ride back to Portland, Oregon from Pendleton, where he had been arrested. Prior to the return trip the detectives had advised him that he need…