# Eutues White v. Fred Finkbeiner

> Court of Appeals for the Seventh Circuit · March 26, 1982 · 687 F.2d 885

URL: https://www.frixlaw.com/law-library/cases/9469675

## Case

- **Full name:** Eutues WHITE, Petitioner-Appellant, v. Fred FINKBEINER, Respondent-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** March 26, 1982
- **Citations:** 687 F.2d 885; 1982 U.S. App. LEXIS 20662
- **Precedential status:** Published
- **Opinion:** Concurrence by Wood
- **Judges:** Sprecher, Swygert, Wood
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Fairman v. White, 465 U.S. 1075 (1984).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9469675

## How later opinions describe it (automated extraction)

- declining to create exception absent clear indication from United States Supreme Court
- declining to extend Stone to Miranda claims

## Opinion text

HARLINGTON WOOD, Jr., Circuit Judge,
concurring.
In White II, I agreed with District Judge Morgan in construing the defendant’s brief conversation with a police official not to be a request for counsel, although it was a close determination. The Supreme Court of Illinois, however, had found otherwise. 1 Since then I have been reminded by Sumner v. Mata, 449 U.S. 539 , 101 S.Ct. 764 , 66 L.Ed.2d 722 (1981), that Judge Morgan and I are not that free to disregard that factual conclusion of the state court. That is, I agree, as it should be.
Now, in view of Edwards, I am compelled to concur in directing the writ to issue as I see nothing in the record to suggest that White “initiated” the contact with the officers which led to his confession, although there were other circumstances examined in our first opinion which suggested that there had been a waiver of the right to counsel if in fact counsel had been requested.
Nor am I ready to extend Stone v. Powell in this case. Therefore, I join in Judge Swygert’s analysis of this case in its new configuration.
About 13 years have passed since the defendant was found guilty of murder in the state trial. It is regrettable that our judicial processes bring us to this conclusion at such a late date that the practical chances of a retrial are surely remote.
. People v. White, 61 Ill.2d 288 , 335 N.E.2d 457 (1975).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469675. Public record. Not legal advice.