United States v. Harlen Manuel

Good Law
706 F.2d 908·1983 U.S. App. LEXIS 28401
United States Court of Appeals for the Ninth CircuitApril 29, 198382-1185California4,666 words

Opinion

Opinion

Fletcher, J.

Harlen Manuel appeals from a conviction for second-degree murder resulting from a brutal killing on an Indian reservation. The damaging evidence against him was the detailed confession he gave five days after the killing. Manuel contends that this confession should have been suppressed because obtained in violation of the fourth amendment, and also because obtained in violation of the rule of Mallory v. United States, 354 U.S. 449 , 77 S.Ct. 1356 , 1 L.Ed.2d 1479 (1957). Manuel further contends that his statutory right to a speedy indictment was denied, and that the trial judge improperly refused to instruct the jury on involuntary manslaughter. We affirm the conviction.

FACTS

On August 3, 1981, the body of Terrell Howard was found in a ditch on the Salt River Indian Reservation. An autopsy re vealed that Howard had been badly beaten about the head and had died of a severe skull fracture. Earlier on August 3, F.B.I. agent Glenford Lewis had gone to the home of Jefferson Howard, Terrell Howard’s uncle, to investigate an incident in which Jefferson had stabbed Harlen Manuel with an ice pick. Jefferson Howard told Lewis that he had stabbed Manuel after Manuel told him that he had…

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