Blackburn v. State of Alabama

Decision Date17 June 1957
Docket NumberNo. 426,426
PartiesJesse BLACKBURN, Petitioner, v. STATE OF ALABAMA
CourtU.S. Supreme Court

Mr. Truman Hobbs, Montgomery, Ala., for the petitioner.

Mr. Paul T. Gish, Jr., Asst. Atty. Gen. of Alabama, Montgomery, Ala., for the respondent.

PER CURIAM.

The record in this case leaves us uncertain whether petitioner's claim to the protection of the Due Process Clause of the Fourteenth Amendment to the United States Constitution was passed upon by the Court of Appeals of Alabama. 38 Ala.App. 143, 88 So.2d 199. Accordingly, we vacate the judgment of the Court of Appeals and remand the cause to that court in order that it may pass upon this claim. State of Minnesota v. National Tea Co., 309 U.S. 551, 60 S.Ct. 676, 84 L.Ed. 920.

Judgment vacated and cause remanded.

Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE and Mr. Justice BRENNAN concur, dissenting.

Petitioner has made as strong a showing as possible that he signed the confession when he was insane. Throughout the whole proceeding he has claimed that the confession was involuntary. The Judgment should therefore be reversed. See Chambers v. State of Florida, 309 U.S. 227, 60 S.Ct. 472, 84 L.Ed. 716; Leyra v. Denno, 347 U.S. 556, 74 S.Ct. 716, 98 L.Ed. 948.

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10 cases
  • Jackson v. Denno, 62
    • United States
    • U.S. Supreme Court
    • June 22, 1964
    ... ...    To counter Jackson's suggestion that he had been pressured into answering questions, the State offered the testimony of the attending physician and of several other persons. They agreed that ... course of securing a conviction, wrings a confession out of an accused against his will,' Blackburn v. Alabama, 361 U.S. 199, 206-207, 80 S.Ct. 274, 280, 4 L.Ed.2d 242, and because of 'the ... ...
  • Mattes v. National Hellenic Am. Line, SA
    • United States
    • U.S. District Court — Southern District of New York
    • January 24, 1977
    ... ... Plaintiff urges that in light of the confused state of the record concerning ultimate ownership and control over the vessel, and the overlapping ... ...
  • Com. v. Haglund
    • United States
    • Appeals Court of Massachusetts
    • December 3, 1976
    ... ... as to deprive the defendant of his 'free intellect and his freedom of choice.' Contrast Blackburn v. Alabama, 361 U.S. 199, 207--209, 77 S.Ct. 1098, 1 L.Ed.2d 1423 (1960). The trial judge's ... ...
  • Foley v. Weaver Drugs, Inc., 32357
    • United States
    • Florida Supreme Court
    • April 28, 1965
    ...courts of the states and this Court keep within the bounds of their respective jurisdictions.' Compare also Blackburn v. State of Alabama, 354 U.S. 393, 77 S.Ct. 1098, 1 L.Ed.2d 1423. Upon reconsideration of this entire matter, we have concluded that our appellate court decisions may be kep......
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1 books & journal articles
  • THE REMAND POWER AND THE SUPREME COURT'S ROLE.
    • United States
    • Notre Dame Law Review Vol. 96 No. 1, November 2020
    • November 1, 2020
    ...not apply, so the Supreme Court vacated and remanded "for further consideration in light of Rule 52(a)." Id. (293) Blackburn v. Alabama, 354 U.S. 393, 393 (1957) (per curiam); Youngblood v. West Virginia, 547 U.S. 867 (294) Blackburn, 354 U.S. at 393. The state court had cited Alabama cases......

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