Legal Opinion

United States ex rel. Wade v. Jackson

Court of Appeals for the Second Circuit

Decided May 19, 1958No. Nos. 366-367, Dockets 24380, 24805PublishedCited by 37 opinions

1Opinion of the Court

LUMBARD, Circuit Judge.

The question for decision is whether William Wade’s confession, obtained during a detention of 23 hours, was involuntary so that its use by the state in order to convict him for felony murder1 in the Westchester County Court was in violation of his constitutional rights. Wade was tried as a principal who aided and abetted three inmates of Sing Sing Prison who while they were escaping killed a prison guard.

We find on the admitted facts that Wade’s confession was involuntary and thus its use was in violation of due process of law guaranteed by the Fourteenth Amendment,…

2Cases cited17 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Lisenba v. CaliforniaSupreme Court of the United States · 1942
  3. Watts v. IndianaSupreme Court of the United States · 1949
  4. Stein v. New YorkSupreme Court of the United States · 1953
  5. Stroble v. CaliforniaSupreme Court of the United States · 1952

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3Cited by37 opinions

  1. United States v. Philip Vita and Jerald CarmelCourt of Appeals for the Second Circuit · 1961
  2. United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
  3. United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1963
  4. Holmes v. ScullyDistrict Court, E.D. New York · 1989
  5. United States of America Ex Rel. Samuel Tito Williams v. Edwin M. Fay, Warden of Greenhaven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1963

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