This section contains the nature of the case and procedural background.

Petitioner (D) was arrested and taken to police headquarters and after questioning had begun and asked about the location of his Marine uniform. D admitted being with his cousin and no one else that night. D was then given his constitutional rights. D still denied being with anyone but his cousin. One of the officers then told D that his cousin had been brought in and had confessed. D was still reluctant to talk, but the officer sympathized with D suggesting that the fight had started when the victim had made homosexual advances; D finally spilled his story and then said he thought he should get an attorney before talking any further. The officer then told D that he can't get in any more trouble than he was and a full confession was obtained. D appealed his conviction on the basis that his confession was not voluntary.

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