United States v. Murphy, Civ. A. No. 8131.

• Court: United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
• Writing for the Court: JAMES T. FOLEY
• Citation: 187 F. Supp. 395
• Parties: UNITED STATES ex rel. Floyd Edgar MARTIN, Petitioner, v. Hon. Robert E. MURPHY, Warden of Auburn Prison, Auburn, New York, Respondent.
• Docket Number: Civ. A. No. 8131.
• Decision Date: 01 September 1960

187 F. Supp. 395

UNITED STATES ex rel. Floyd Edgar MARTIN, Petitioner,
v.
Hon. Robert E. MURPHY, Warden of Auburn Prison, Auburn, New York, Respondent.

Civ. A. No. 8131.

United States District Court N. D. New York.

September 1, 1960.

Floyd Edgar Martin, petitioner, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, for respondent; Raymond B. Madden, Asst. Atty. Gen., of counsel.

JAMES T. FOLEY, District Judge.

This is another of the ever-increasing applications in this District

187 F. Supp. 396

Court for a writ of habeas corpus that challenges a first degree murder conviction of New York. The ground or claim that necessitates serious appraisal under many recent federal rulings is that the conviction for the capital crime was obtained by the use of coerced confessions and involuntary statements extracted from the petitioner by the State Troopers of New York. Much has been written on the subject in the last six years by the Court of Appeals, Second Circuit, the evident impetus for such writing being the holding of the Supreme Court of the United States in Leyra v. Denno, 1954, 347 U.S. 556, 74 S.Ct. 716, 98 L.Ed. 948. In United States ex rel. Rogers v. Richmond, 2 Cir., 1959, 271 F.2d 364, 379, certiorari granted 361 U.S. 959, 80 S.Ct. 605, 4 L.Ed.2d 541, Chief Judge Clark (dissenting) lists the considerable body of precedent of the Second Circuit, and since then many more can be added. With all the writing, the principle is clear, although the yardstick to be applied is elastic, that the District Court must make an independent examination in each of these instances into the constitutional question of voluntariness and the serious and delicate judgment to be made must be based upon consideration of "the totality of circumstances". Fikes v. State of Alabama, 352 U.S. 191, 197, 77 S.Ct. 281, 284, 1 L.Ed.2d 246; United States ex rel. Eckwerth v. Denno, 2 Cir., 261 F.2d 511, certiorari denied 358 U.S. 945, 79 S.Ct. 355, 3 L.Ed.2d 353; United States ex rel. Petersen v. La Vallee, 2 Cir., 279 F.2d 396

As is my custom in these State capital cases, — which now consume a substantial portion of my time and energy, although sworn and sitting as a United States District Judge, — I issued an order to show cause to the Attorney General of New York and the District Attorney of Wayne County, New York, why the writ should not issue. Assistant Attorney General Madden, in accordance therewith, filed an affidavit in opposition, but the present District Attorney of Wayne County, the judgment of conviction under attack being rendered before his time, did not appear or answer in any formal manner, nor did he answer my letters to furnish the trial record, if possible. I have obtained the trial record and briefs filed in the Court of Appeals, New York, from the State Law Library at Albany where they shall be returned. The petitioner apparently has the trial record because he refers to it throughout his petition.

The petitioner was found guilty as charged by a jury in Wayne County Supreme Court of murder, first degree, and sentenced on November 7, 1946 to be executed at Sing Sing Prison. He was defended at the trial by two court appointed counsel, who represented him on the appeal automatic because of the death penalty in the Court of Appeals, New York. The judgment of conviction was unanimously affirmed without opinion. People v. Martin, 1947, 296 N.Y. 982, 73 N.E.2d 563. Long after reargument was denied in the Court of Appeals and motion to amend remittitur denied. 7 N.Y.2d 941, 1960, 197 N.Y.S.2d 1029, 165 N.E.2d 585; 7 N.Y.2d 942. Petition for certiorari was denied. 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015. In the original appeal the notes of the State reporter prepared from the appeal papers do not disclose that the question of involuntary or coerced confessions was presented, but a reading of the trial record and the excellent brief filed by the assigned attorneys in that Court did raise and cover the question, thus satisfying the exhaustion of state remedies. (Points XI, XII, Brief of Defendant-Appellant, New York Court of Appeals).

On June 4, 1947, Governor Thomas E. Dewey commuted the death sentence to life imprisonment. Attached to the affidavit of the Assistant Attorney General is the statement of the Governor setting forth the humane...