Section 43 Failure to Preserve Error

• Library: Remedies 2006

In Wainwright v. Sykes, 433 U.S. 72 (1977), it was held
that a state prisoner who failed to comply with Florida’s “contemporaneous objection” rule could not obtain federal habeas corpus relief on his claim that his confession was obtained in violation of Miranda. See Miranda v. Ariz., 384 U.S. 436 (1966). Missouri has a similar procedural default doctrine. State v. Gray, 432 S.W.2d 593, 596 (Mo. 1968); Howard v. Wyrick, 720 F.2d 993 (8^th Cir. 1983). But the Eighth Circuit Court of Appeals has held that the...