UNITED STATES SUPREME COURT DECISIONS ON-LINE

Respondent, who was convicted of murder in 1956 in a Nebraska state court, petitioned the federal District Court for a writ of habeas corpus. That court, relying on state court findings in a 1965 post-conviction proceeding, concluded that respondent's confessions were voluntary and dismissed the petition. The Court of Appeals reversed, finding that the trial judge had not found the confessions voluntary before admitting them into evidence, contrary to Jackson v. Denno, 378 U. S. 368; that this procedural violation had tainted all later findings of voluntariness; and, after examining the record, that the confessions were involuntary.

Held: When a federal court finds a Jackson v. Denno error in a state proceeding, it must allow the State a reasonable time to make an error-free determination on the voluntariness of the confessions.

Certiorari granted; 413 F.2d 459, vacated and remanded.