(Download) "Henry v. Dees" by Fifth Circuit.*Fn* United States Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Henry v. Dees
- Author : Fifth Circuit.*Fn* United States Court of Appeals
- Release Date : January 08, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Gilbert Henry, a twenty year old marginally mental retardate,1 was charged in Louisiana state court with armed robbery.2 On the day of trial Henry and his attorney reached an agreement with the prosecutor. Their compact provided that Henry would submit to a polygraph examination. Should it be concluded that he was truthful in denying criminal involvement, the district attorney would submit the case nolle prosequi ; however, if Henry ""failed"" the examination he would plead guilty. During the administration of the polygraph test, before its completion and outside the presence of counsel, the examiner, Police Sergeant Ruiz, informed Henry that he had ""failed."" Henry then made inculpatory statements which were introduced at trial, over objection. Henry was convicted and sentenced to twenty years imprisonment.3 His petition for relief under 28 U.S.C. § 2254 was denied by the district court. We reverse and remand. I. BACKGROUND