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UNITED STATES EX REL. SENK v. BRIERLEY

No. 1351.

363 F.Supp. 51 (1973)

UNITED STATES of America ex rel. Frank Earl SENK v. J. R. BRIERLEY, Superintendent.

United States District Court, M. D. Pennsylvania.

June 8, 1973.

Attorney(s) appearing for the Case

John A. Mihalik, Bloomsburg, Pa., for plaintiff.

Marc Kapustin, Deputy Atty. Gen., Harrisburg, Pa., for defendant.

MEMORANDUM AND ORDER

NEALON, District Judge.

Petitioner in the above matter has moved the Court for a preliminary ruling on the question of which party has the burden of proof and the burden of persuasion on petitioner's claim that his confession, in addition to being involuntary and coerced,1 constituted the "fruits" of an illegal, warrantless arrest. An evidentiary hearing has been...

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