Nerlin v. Denno

Decision Date22 June 1964
Docket NumberNo. 1117,M,1117
Citation378 U.S. 575,84 S.Ct. 1933,12 L.Ed.2d 1041
PartiesHarry Carson McNERLIN v. Wilfred L. DENNO, Warden. isc
CourtU.S. Supreme Court

Richard J. Medalie, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, first Asst. Atty. Gen., and Ronald J. Offenkrantz, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded for further proceedings not in conformity with the opinion of this Court in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774.

Mr. Justice BLACK, Mr. Justice CLARK, Mr. Justice HARLAN and Mr. Justice STEWART dissent for the reasons stated in their dissenting opinions in Jackson v. Denno, supra.

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  • In re Melvin Hiram Thomas II On Habeas Corpus
    • United States
    • California Court of Appeals Court of Appeals
    • December 27, 2018
    ...petitioner’s conviction was final and he attacked the judgment under the federal habeas statute. (See also McNerlin v. Denno (1964) 378 U.S. 575, 84 S.Ct. 1933, 12 L.Ed.2d 1041 [directing appeals court to apply Jackson v. Denno retroactively].)In Linkletter , however, the U.S. Supreme Court......
  • Tehan v. United States Shott
    • United States
    • U.S. Supreme Court
    • January 19, 1966
    ...use of a coerced confession. See Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, 1 A.L.R.3d 1205; McNerlin v. Denno, 378 U.S. 575, 84 S.Ct. 1933, 12 L.Ed.2d 1041; Reck v. Pate, 367 U.S. 433, 81 S.Ct. 1541, 6 L.Ed.2d 948. By contrast, the Fifth Amendment's privilege against se......
  • United States v. Scott
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 6, 1970
    ...650 (1964) (giving retroactivity to Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)); McNerlin v. Denno, 378 U.S. 575, 84 S.Ct. 1933, 12 L.Ed.2d 1041 (1964) (giving retroactivity to Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964)); Smith v. Crouse......
  • Linkletter v. Walker
    • United States
    • U.S. Supreme Court
    • June 7, 1965
    ...a coerced confession, was also applied to the petitioner who was here on a collateral attack. See also McNerlin v. Denno, 378 U.S. 575, 84 S.Ct. 1933, 12 L.Ed.2d 1041 (1964). It is also contended that Reck v. Pate, 367 U.S. 433, 81 S.Ct. 1541, 6 L.Ed.2d 948 (1961), supports the conclusion o......
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