Nedley G. Norman, Jr. v. Kenneth Ducharme

Nedley G. Norman appeals the district court’s denial of his petition for a writ of habeas corpus. Norman contends that his sentence of life without parole is unconstitutional under United States v. Jackson, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 (1968), because he could not have received such a sentence had he chosen to plead guilty rather than be tried by a jury. Norman also contends that his confession was inadmissible on various constitutional grounds. We reverse the district court on the sentencing issue and affirm on the confession issue.

FACTS AND PRIOR PROCEEDINGS

In 1978 Norman was convicted of first degree aggravated murder and sentenced to death in Pierce County Superior Court for the shooting death of Deputy Sheriff Dennis Allred.

Norman was arrested pursuant to a warrant issued after the filing of an information charging him with first degree murder. He was arrested and advised of his Miranda rights. After handcuffing him, Detective Dean showed Norman a copy of his arrest warrant. The warrant stated that an information had been filed, charging Norman with first degree murder.

After being arrested, Norman was transported to the County Sheriff’s office. During…