CHARLIE LEE JONES, PETITIONER-APPELLANT,
v.
LAKE F. RUSSELL, WARDEN, TENNESSEE STATE PENITENTIARY, RESPONDENT-APPELLEE
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The petitioner bears the burden of proving by a preponderance of the evidence that his confession was involuntary in a habeas corpus proceeding.
Petitioner was convicted of armed robbery based on a confession that he later repudiated, claiming it was involuntary. After state courts found the co…
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PER CURIAM.
This is a habeas corpus case growing out of the conviction of petitioner in the State Court of the crime of armed robbery. Within a short time after the arrest petitioner made an oral confession, followed by a written confession signed in the presence of witnesses.
Later the confession was repudiated. At the trial in the State Court in June 1964 the defense was made that the confession was involuntary. The State Court, after hearing testimony on this issue outside the presence of the jury, ruled that the confession was voluntary. The Supreme Court of Tennessee affirmed in an unpublished opinion dated July 10, 1965.
District Judge William E. Miller conducted an evidentiary hearing and concluded that petitioner had not established by a preponderance of the evidence that the confession was involuntary.
On appeal petitioner contends that the burden of proof in a habeas corpus case is upon the respondent to establish that his confession was voluntary.
As in all other habeas corpus proceedings, where the voluntariness of a confession is challenged by collateral attack, the petitioner must prove by the preponderance of the evidence that the confession was involuntary. Gray v. Johnson, 354 F. 2d 986 (6th Cir.), cert. denied 383 U.S. 961, 86 S.Ct. 1232, 16 L.Ed.2d 304. The record supports the finding of the District Court that the petitioner did not carry the burden of proof.
The judgment of the District Court is affirmed.
The appreciation of the Court is expressed to Mr. Russell H. Hippe, Jr., of the Nashville bar for his services as court-appointed counsel for petitioner.
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Citator
Cited By
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Allen v. Perini, 424 F.2d 134 (6th Cir. 1970)
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United States ex rel. Edwin Gockley v. Myers, 450 F.2d 232 (3d Cir. 1971)
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Hart v. Eyman, 458 F.2d 334 (9th Cir. 1972)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Otie Gray v. Wilburn C. Johnson, 354 F.2d 986 (6th Cir. 1965)
- Sanders v. Kansas, 383 U.S. 961 (U.S. 1966)
- Booker v. United States, 383 U.S. 961 (U.S. 1966)