UNITED STATES SUPREME COURT DECISIONS ON-LINE

The District Court granted the petition of respondent, who had been convicted of murder, for a writ of habeas corpus on the ground that the state court used an improper standard for determining voluntariness, and that an admission by respondent was involuntary. The District Court ordered his release if the State failed to retry him within a reasonable time; and the Court of Appeals affirmed.

Held: Where a defendant in a state court has not been afforded an adequate hearing on the voluntariness of his confession, he is not necessarily entitled to a new trial, but he is entitled to a state court hearing under standards designed to insure a proper resolution of the issue. Jackson v. Denno, 378 U. S. 368, followed. Case is remanded to the District Court to allow the State a reasonable time to provide a hearing or a new trial, failing which respondent is entitled to his release. Pp. 379 U. S. 45-46.

Certiorari granted; 331 F.2d 939 affirmed and remanded.