European Stars and Stripes (Newspaper) - December 04, 1985, Darmstadt, Hesse                                Page 4 the stars and stripes wednesday december 4, 1985 appeals courts Given broader Powers cars overrule state judges who decide confessions Are to unwary Washington a the supreme court tues Day gave Federal appeals courts Broad Power to overrule state judges who decide that confessions in criminal cases Curc Given voluntarily. H an 8-1 vote the justices ordered a Federal appeals court to conduct additional hearings to determine who Lucr a new Jersey Man was coerced into confessing to a 1973 murder. Justice Sandra Day o Connor writing for the majority said a finding by a stale court that a confession was voluntary should not be presumed Correct. The ultimate question whether under the totality of the circumstances the challenged confession was obtained in a manner compatible with the requirements of he Constitution is a matter for Independent Federal determination o Connor said. The court ordered further hearings in the Case of Trank m. Miller convicted of murdering Deborah mar Golin 17. On aug. 13, 1973, near her Home in East Amwell township. Her body was found in a Creek her Throat and breast Cut. Miller who had been convicted previously of carnal abuse was questioned for about one hour by a slate police detective who told the suspect i want to help you because you arc in my mind you Are no  the detective also promised to get Miller proper help with a psychiatrist. Miller gave increasingly damaging statements and passed Oul after confessing. Cop approach did not violate Miller s rights. Miller was told that he was entitled to a lawyer and thai any Stal Cmunt he made could be used against him. A Federal judge threw out Miller s subsequent Appeal without a hearing and the 3rd . Circuit Cou t of appeals also in held the conviction. The Federal appeals court which heard a tape of the police Questin ing Miller said it had limited Power to supreme court Roundup review a state court decision that the confession was voluntary. The Szalc court s decision is presumed under Federal Law to be Correct the appeals court said. But on tuesday the supreme court said the appeals court misjudged is role in he Case. O Connor said a Federal judge is As qualified As a stale judge to review the Volunta Riecss of a confession because the Issue is not purely factual. She said the Issue is different for example from the impartiality of a juror or a defendant s competency to stand trial where assessing credibility and Demeanour is crucial and the state judge has a first hand look. In the Case of a confession the ultimate Issue of voluntariness is a Legal que Camion requiring Independent Federal determination. We Cher the stale has of the new Jersey supreme court ruled that the contained the confession in a manner that comports with fission was voluntary and said the detective s Friendly due process o Connor said tuesday s ruling docs not mean necessarily that Miller s conviction will be thrown out. O Connor noted that the 3rd i Uit court in a foot note said it would decide Miller s confession was voluntary even if the appeals court gave the Issue full re View without presuming the correctness of the state court findings. Bui o Connor said it is not Clear. That the court did. In fact independently evaluate the admissibility of the  Justice William h. Rehnquist dissented saying that any further action in the Case is unnecessary. In other action the court ruled that Federal courts Lack the authority to order states to notify welfare recipients hey May be entitled to More Aid when there is no continuing Viola Tion of Federal  by a 5-4 Vole the court turned Down Michigan Wel fare recipients who said they were deprived of benefits unlawfully and sought to revive a Federal lawsuit against slate officials. Upheld the Alabama murder conviction and death sentence of a Man who four years ago was executed for the murder of his wife. The justices by a 7-2 vote ruled that Larry Gene Heath s murder prosecution in Alabama did not violate his double jeopardy protections even though he previously had been convicted of the same crime in Georgia. Single family Home sates plummet 5.5%, . Reports by the associated press sales of new single family Homes fell during october at the sharpest Rale since april and a key gauge of future economic activity made its weakest Advance in four months the government reported tues Day. However government reports also noted increases in construction spending and help wan cd advertising in october and a 2.1 percent increase in business productivity during inc Hird Quarter of los year. A report released in Washington by the departments of Commerce and housing and Urban development found a 5.5 per cent drop in housing sales during october. It was the third consecutive monthly de Cline and the worst drop since a 7.2 per cent decrease in april. Analysts have been puzzled by the continuing drop in has we sales a Fitch fell 3 percent in september Anil 4.9 percent in August in Light of a do Cine in mortgage rates to  Levels in six years. The Commerce department reported that the 0.3 percent october Advance in its Index of leading indicators was the weak est since a 0.1 percent increase in june a sign Many economists believe indicates continuing sluggishness for the nation s Economy in the next few months. But the government also revised the Index for september upward to a 0.4 per cent increase from its original forecast of a 0.1 percent gain. The productivity report issued monday by the labor department s Bureau of labor statistics indicated third Quarter productivity increasing at the highest rate of the year. Currency traders said it helped Spur a Laic recovery of the Dollar on world exchanges after it fell to two year lows against the German Mark and British Pound. The Stock Market moved sharply lower however after posting a series of record gains in recent months. The Dow Jones average of 30 industrials fell 14.22 to 1,457.91 at the close. It was the biggest one Day drop in the Blue Chip Index since aug. 6 Wien it slumped analysts said fading Hopes for a Cut in the discount rate by the Federal Reserve helped Spur the sell off especially in the Apo Hoto foam sprayed by firefighters has Little effect on flames leaping ugh into the air from a gasoline Tanker truck at Peabody mass. The vehicle caught fire after it struck a fighting the fireballs sslrklk1. 01" a red in the Bond Market. The Treasury department said yield son three month Treasury securities Rote slightly in monday s auction while the ration six month Bills was unchanged. It sold s7.6 billion in three month Bubat an average discount rate of 7.19 per cent up from 7.15 percent last week. An other s7.6 billion was sold in Lii to Otic Bills at an average discount rate of 7.26percent. The Commerce department said construction spending Rose by  percent in october As increased activity in residential building offset a big drop in construction of shopping centers. The conference Board s help wanted advertising Index Rose 3.2 percent army reserves called less ready than Active units Washington a the army s Reserve units Are much less ready than the Active units to perform to Cir missions even though the army is relying More anymore on Reserve to front according to a co so the Ehrck by the con8ressional budget office note apr my d an Mpr not in Reserve units since re a a an Rirs took office and increased defences 8 " con Judt d thai most Reserve units Are rated marginally ready or not ready for  mnrifu5u"ly. Which made no major recommendations for Rcd for the House armed Saciid in Vera Crl Eric units re much less ready than0 pro pm hair  " e cd. About 78llnhnnow plans to bold its Active duty strength to a  "1?1 durin