Application of Jackson

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
PartiesApplication of Nathan JACKSON for a Writ of Habeas Corpus.
Decision Date22 May 1962

206 F. Supp. 759

Application of Nathan JACKSON for a Writ of Habeas Corpus.

United States District Court S. D. New York.

May 22, 1962.


206 F. Supp. 760

Daniel G. Collins, New York City, for petitioner.

Edward S. Silver, Dist. Atty., Kings County, William I. Siegel, Asst. Dist. Atty., of counsel, for respondent.

DAWSON, District Judge.

This is an application for a writ of habeas corpus initiated by an order to show cause. The petition urges that petitioner's constitutional rights were violated and that conviction must be set aside for three reasons: (1) his confession was involuntary, (2) the court's instructions to the jury on the question of voluntariness were inadequate, erroneous and prejudicial, and (3) the New York procedure for determining the voluntariness of confessions is violative of due process as a matter of law.

Petitioner was jointly indicted with one Nora Elliott by a grand jury of Kings County for murder in the first degree in the shooting and killing of William J. Ramos, Jr., a police officer, following the commission of the felony of robbery. Petitioner was convicted of murder in the first degree and sentenced to death. Elliott was convicted of manslaughter in the first degree and sentenced to a term in prison. Elliott did not appeal from the judgment of conviction. On appeal to the New York Court of Appeals on behalf of petitioner the judgment was affirmed (10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59). A motion for reargument or for amendment of the remittitur so as to certify a federal constitutional question was denied by the New York Court of Appeals, People v. Jackson, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234, on October 5, 1961 as to reargument but was granted as to amendment of the remittitur and the constitutional question was certified that the Court of Appeals had necessarily passed upon the voluntariness of certain confessions and had found that defendant's constitutional rights had not been violated. Application was made to the United States Supreme Court for a writ of certiorari which was denied on December 18, 1961, Jackson v. State, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344. On February 22, 1962 the Court of Appeals denied a further motion for reargument and for a stay of execution pending the filing of a new petition for certiorari. People v. Jackson, 11 N.Y.2d 798, 227 N.Y.S.2d 1025, 181 N.E.2d 854. An application to Mr. Justice Harlan of the United States Supreme Court for a similar stay was denied by him on March 7, 1962. Jackson v. State, 82 S.Ct. 541, 7 L.Ed.2d 766. The instant petition for issuance of a writ of habeas corpus then followed. It would seem that petitioner has exhausted all remedies available to him.

The Court, in compliance with the opinion of the United States Supreme Court in Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469 (1952), has examined the transcript of the state proceedings to determine whether the state processes had given full consideration to the issues and had resulted in a satisfactory conclusion. Where the record affords an adequate opportunity to weigh the sufficiency of the allegations and the evidence, and such consideration is given to the entire state record, there is no necessity for having a hearing on the application for a writ of habeas corpus. See 344 U.S. at p. 463, 73 S.Ct. 397. The Court has examined the entire record of the proceedings in the state court, consisting of 823 pages of printed transcript.

It appears from the transcript that petitioner Jackson entered a Brooklyn hotel

206 F. Supp. 761
accompanied by Nora Elliott at about 1:00 A.M. on June 14, 1960. They registered at the hotel. As the clerk was about to show them a room, Jackson at the point of a gun robbed the clerk. He told Elliott to leave the hotel, which she did. The petitioner forced the clerk and several other people to an upstairs room and warned them to make no outcry after his departure. They, however, broke a window and began to shout. The police officer Ramos, hearing the alarm, intercepted Jackson as he was escaping from the hotel. Ramos endeavored to arrest Jackson. A fight ensued in the course of which Jackson shot Ramos twice, inflicting fatal wounds. Ramos, in turn, shot Jackson who was wounded but not killed. Jackson attempted to flee but was captured and taken to a hospital. While at the hospital he was interviewed by a detective. He said to the detective: "I shot the colored cop. I got the drop on him." (R. 1272.) This statement was made about 2:00 A.M. in the hospital. At about 3:55 A.M., in the hospital, Jackson was questioned by representatives of the District Attorney. There he made a statement which was taken down by a reporter of the District Attorney's office. The statement was transcribed and offered in evidence at the trial. When it was offered in evidence the court asked Jackson's attorney whether he had any objection to it. Jackson's attorney stated that he had no objection. (R. 1381.)

Jackson took the stand in his own behalf. He admitted commission of the robbery and the fact of the shooting of Ramos. He contended, however, that the robbery was all over at the time he left the hotel and the shooting was not in connection with the robbery. He tried to excuse the shooting by the assertion of intoxication. The jury...

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10 practice notes
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 23 Junio 1972
    ...798, 227 N.Y.S.2d 1025, 181 N.E.2d 854. Thereafter collateral attack by way of habeas corpus began. After defeats in the district court, 206 F.Supp. 759 (S.D. N.Y.1962), and in this court, 309 F.2d 573 (2d Cir. 1962), the landmark case of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.......
  • Trotter v. Stephens, No. PB-64-C-62
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • 30 Abril 1965
    ...368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Jackson's subsequent petition for habeas corpus was denied. Application of Jackson, 206 F.Supp. 759 (S.D.N.Y.1962), aff'd sub nom., United States ex rel. Jackson v. Denno, 309 F.2d 573 (2d Cir. 1962). On appeal from denial of the petition fo......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • 30 Junio 1965
    ...conviction was founded on a confession not properly determined to be voluntary. The writ was there denied, Application of Jackson, D.C., 206 F.Supp. 759, and the Court of Appeals affirmed, United States ex rel. Jackson v. Denno, 2 Cir., 309 F.2d 573. Certiorari was granted by the United Sta......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • 12 Enero 1965
    ...States denied certiorari. 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Thereafter, Jackson filed a petition for habeas corpus. 206 F.Supp. 759 (S.D.N.Y.), aff'd, 309 F.2d 573 (2d Cir. 1962). It was to review these habeas corpus proceedings that the Supreme Court granted certiorari, 371......
  • Request a trial to view additional results
10 cases
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 23 Junio 1972
    ...798, 227 N.Y.S.2d 1025, 181 N.E.2d 854. Thereafter collateral attack by way of habeas corpus began. After defeats in the district court, 206 F.Supp. 759 (S.D. N.Y.1962), and in this court, 309 F.2d 573 (2d Cir. 1962), the landmark case of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.......
  • Trotter v. Stephens, No. PB-64-C-62
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • 30 Abril 1965
    ...368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Jackson's subsequent petition for habeas corpus was denied. Application of Jackson, 206 F.Supp. 759 (S.D.N.Y.1962), aff'd sub nom., United States ex rel. Jackson v. Denno, 309 F.2d 573 (2d Cir. 1962). On appeal from denial of the petition fo......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • 30 Junio 1965
    ...conviction was founded on a confession not properly determined to be voluntary. The writ was there denied, Application of Jackson, D.C., 206 F.Supp. 759, and the Court of Appeals affirmed, United States ex rel. Jackson v. Denno, 2 Cir., 309 F.2d 573. Certiorari was granted by the United Sta......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • 12 Enero 1965
    ...States denied certiorari. 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Thereafter, Jackson filed a petition for habeas corpus. 206 F.Supp. 759 (S.D.N.Y.), aff'd, 309 F.2d 573 (2d Cir. 1962). It was to review these habeas corpus proceedings that the Supreme Court granted certiorari, 371......
  • Request a trial to view additional results

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