Russell Lee Hinman v. D. J. McCarthy Superintendent

McCarthy (the State) appeals from an order of the district court granting a writ of habeas corpus to Hinman pursuant to 28 U.S.C. § 2254 . The State makes three different challenges to the granting of this collateral relief. First, the State contends that 28 U.S.C. § 636 (b)(1)(B), which authorizes federal magistrates to conduct evidentiary hearings in habeas proceedings and make recommendations to the district court, constitutes an unconstitutional delegation under Article III and violates principles of comity and federalism. Second, the State argues that Hinman should be denied federal habeas relief as he has been afforded a full and fair opportunity to litigate his federal claim in state court. Last, the State contends that the district court erred in concluding that the improper admission of a statement elicited from Hinman by the police in violation of his Miranda rights, was not harmless beyond a reasonable doubt. We affirm.

I

A jury found Hinman guilty of murder in the first degree and of assault with a deadly weapon, in connection with the stabbing death of Hopkins on the morning of June 19, 1975. The events occurring prior to the stabbing are significant. We review the…