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DEGRAFFENREID – Appellant
Versus
MCKELLAR, (1990) – Respondent


United States Supreme Court
DEGRAFFENREID v. MCKELLAR, (1990)
No. 89-6126
Decided On : April 2, 1990

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

Denied.

Justice MARSHALL, with whom Justice BRENNAN joins, dissenting.

    "[O]urs is an accusatorial and not an inquisitorial system-a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth." Rogers v. Richmond, 365 U.S. 534, 541, 739 (1961). Because the court below failed to examine fully whether petitioners confession was obtained by inquisitorial means condemned by the Due Process Clause, I would grant certiorari in this case to clarify the nature of the voluntariness inquiry. [ Degraffenreid v. McKellar 494 U.S. 1071 (1990) ][1071-Continued.]

In 1973, Claude Killian was murdered. Police questioned petitioner Ray Charles Degraffenreid shortly after the murder, but he was not then charged. In 1977, Degraffenreid was arrested for Killians murder while incarcerated in state prison on an unrelated conviction. Five days later, he confessed to law enforcement

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