Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Chapman

decided: September 28, 1971.

UNITED STATES OF AMERICA
v.
LEWIS GREELEY CHAPMAN ET AL. APPEAL OF LOUIS OVERTON



Seitz, Van Dusen and Adams, Circuit Judges.

Author: Van Dusen

Opinion OF THE COURT

VAN DUSEN, Circuit Judge.

On September 18, 1968, defendant Overton, along with two other persons, was indicted and charged with bank robbery and putting the lives of several bank employees in jeopardy by the use of a dangerous weapon during the commission of the offense, in violation of sections 2113(a) and 2113(d), respectively, of Title 18 of the United States Code.*fn1 After a jury trial, defendant was found guilty on both counts on January 14, 1969. On February 20, 1969, the trial court sentenced defendant to "eighteen (18) years on each of counts 1 and 2 to run concurrently." Notice of appeal from the February 20 final judgment and commitment was filed on March 17, 1969.

I. Alleged Miranda Violations

Defendant was arrested on September 12, 1968, at his Brooklyn apartment house by three agents of the Federal Bureau of Investigation (N.T. 65). After a search of the apartment, lasting from 45 minutes to 90 minutes, the agents and defendant drove to F. B. I. headquarters in Manhattan. There defendant made a statement copied by Agent Sheer, and signed by defendant, implicating him in the robbery. The statement was introduced at trial over defense counsel's objection. On appeal, defendant claims that violations of the requirements outlined by the Supreme Court of the United States in Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), occurred at the apartment, in the car, and at F. B. I. headquarters.

After entering the home of defendant and arresting and handcuffing him, Agent Sheer proceeded to advise defendant, orally, that he had a right to remain silent, that anything he said could be used against him, that he had a right to an attorney, and that an attorney would be appointed for him if he could not afford one (N.T. 62). Defendant argues that this warning was insufficient because he was not advised of his right to terminate the interrogation at any time. Defendant claims that he did not waive any of his rights at this time. A review of the record convinces us that there is no need for a decision on whether defendant was adequately advised of all his rights or whether he waived those rights prior to his arrival at the Manhattan headquarters, because defendant made no incriminating statements between the time the agents arrested him and the time when he was given warnings at F. B. I. headquarters. Defendant states in his brief that "it is unclear whether Agent Sheer also questioned the defendant about the stolen money at his apartment, and whether, in response to this questioning, the defendant identified the money as that stolen from the Linden, New Jersey bank." (Appellant's brief at 3-4). The following relevant questioning took place just after Agent Sheer testified on direct examination in the presence of the jury that he found three stacks of money while searching defendant's apartment:

"MR. PETERKIN [defendant's attorney]: I object unless this is going to be tied up to the proceeds.

"MR. KOELZER [prosecutor]: I intend to go into that.

"THE COURT: I will permit it conditionally, that it be tied in and be identified as the money stolen from the bank.

"Q. Did Overton identify that money; did he describe its source?

"A. Yes.

"Q. What was the source that Overton described?

"A. He said it was what was left of his share of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.