Criminal Procedure keyed to Israel
Kuhlmann v. Wilson
Defendant Wilson robbed a garage and killed the dispatcher. He claimed he witnessed the murder but denied involvement and was jailed. Police instructed an informant to share a cell with the defendant and not to question him, but to “keep his ears open.” After being told that his family was upset because they thought he had killed the man, the defendant told the informer of his involvement in the murder. The defendant was tried and convicted of murder, with the trial court denying his motion to suppress the statements. The defendant sought habeas relief and was denied by the District Court, a decision that was affirmed by the Court of Appeals. Then United States v. Henry, 447 U.S. 264 (1980) was decided, and the defendant sought retroactive application of its rule to his situation. This habeas relief was denied at the District Court level, but successful in the Court of Appeals. The prosecution was then granted certiorari.
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