United States of America Ex Rel. Edwin Gockley v. David N. Myers, Superintendent, State Correctional Institution, Graterford, Pennsylvania

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

This unusual habeas corpus case is before the court en banc on reargument of a second appeal. The question is whether the District Court on remand after the first appeal was correct in refusing to decide the merits of petitioner’s claim that his confessions were involuntary because it should be determined by the State courts.

In the earlier appeal we held that the District Court had correctly decided that petitioner’s consent had rendered admissible the items of evidence seized on a warrantless search. We went on to hold, however, that the petition…