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FLEMING v. COLLINS

No. 88-1334.

954 F.2d 1109 (1992)

Joe Freddie FLEMING, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 6, 1992.

Attorney(s) appearing for the Case

Joe Freddie Fleming, pro se.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, BROWN, POLITZ, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

We voted this state habeas corpus case en banc to explore the reach of the public safety exception to Miranda's3 prophylactic rules protecting fifth amendment rights. New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984). Disagreeing with the panel majority, we apply the public safety exception in this case and affirm the district court...

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