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McNerlin v. Denno

U.S.
Jun 22, 1964
378 U.S. 575 (1964)

Summary

holding that due process forbids the use of a coerced confession irrespective of its truth as announced in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 to be retroactive

Summary of this case from Schlomann v. Moseley

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

No. 1117, Misc.

Decided June 22, 1964.

Certiorari granted; judgment vacated; and case remanded.

Reported below: 324 F.2d 46.

Richard J. Medalie for petitioner.

Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Ronald J. Offenkrantz, Assistant Attorney General, for respondent.


The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded for further proceedings in conformity with the opinion of this Court in Jackson v. Denno, ante, p. 368.

MR. JUSTICE BLACK, MR. JUSTICE CLARK, MR. JUSTICE HARLAN and MR. JUSTICE STEWART dissent for the reasons stated in their dissenting opinions in Jackson v. Denno, supra.


Summaries of

McNerlin v. Denno

U.S.
Jun 22, 1964
378 U.S. 575 (1964)

holding that due process forbids the use of a coerced confession irrespective of its truth as announced in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 to be retroactive

Summary of this case from Schlomann v. Moseley

giving retroactivity to Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908

Summary of this case from United States v. Scott

In McNerlin v. Denno, 378 U.S. 575, 84 S.Ct. 1933, 12 L.Ed.2d 1041 (1964) and Owen v. State of Arizona, 378 U.S. 574, 84 S.Ct. 1932, 12 L.Ed.2d 1041 (1964), memoranda decisions concerning petitions for writs of habeas corpus, each bearing the same date as Jackson, the Court in fact treated the Jackson rule retroactively when it remanded the cases for further proceedings not inconsistent with Jackson.

Summary of this case from Duguay v. State

directing appeals court to apply Jackson v. Denno retroactively

Summary of this case from In re Thomas
Case details for

McNerlin v. Denno

Case Details

Full title:McNERLIN v . DENNO, WARDEN

Court:U.S.

Date published: Jun 22, 1964

Citations

378 U.S. 575 (1964)

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