SWINGLINE INC. ET AL.
v.
OVERLAND MACHINED PRODUCTS, INC.

U.S. | 1964-06-08
No. 1066
377 U.S. 967 Supreme Court of the United States (1964) Negative Treatment
Cited by 6 cases

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  • …967); Spano v. New York, 360 U.S. 315, 79 S.Ct. 1202, 3 L.Ed.2d 1265 (1959)] or that false promises or trickery were used to induce his confession [See Spano, supra; United States ex rel. Everett v. Murphy, 329 F. 2d 68 (2d Cir. 1964), cert. denied, 377 U.S. 967, 84 S.Ct. 1648, 12 L.Ed.2d 737 (1964)]. On the basis of the facts found at the Huntley hearing, “we neither find the interrogators’ conduct so coercive or the petitioner so isolated from usual societal reinforcements as to render his statements the…
  • …onfession followed soon after these false promises, underscoring their effect upon his will. Lynumn v. Illinois, 372 U.S. 528, 531-35, 83 S.Ct. 817, 9 L.Ed.2d 922 (1963); United States ex rel. Everett v. Murphy, 329 F. 2d 68 (2d Cir.), cert. denied, 377 U.S. 967, 84 S.Ct. 1648, 12 L.Ed.2d 737 (1964); see Bram v. United States, 168 U.S. 532, 542-43, 18 S.Ct. 183, 42 L.Ed. 568 (1897). Of particular relevance here are the Supreme Court’s decisions in Haynes v. Washington, supra, and Haley v. Ohio, supra. The…
  • …applied by a federal habeas court. Henry v. Mississippi, 379 U.S. 443, 447-448, 85 S.Ct. 564, 13 L.Ed.2d 408 (1965). The opinion of this court seemingly to the contrary, United States ex rel. Everett v. Murphy, 2 Cir., 329 F. 2d 68, 70, cert. denied 377 U.S. 967, 84 S.Ct. 1648, 12 L.Ed.2d 737 (1964), evidenced no knowledge of the New York rule and. [*420] in any event, is no longer good authority in light of Henry. See United States ex rel. Forella v. Follette, 269 F.Supp. 627, 628, 629 (S.D.N.Y.1967), aff’…

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