United States of America Ex Rel. Louis McCloud v. Alfred T. Rundle, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania

The district court held extensive hearings on this problem which it described as a “perplexing one”.1 It held that a heavy burden of proof that the confession was coerced rested on relator,2 and that he had not sustained it.3 The district court then assumed arguendo that the confession was involuntary and on this assumption applied its view that the burden of proof that the guilty plea was substantially affected by the coerced confession lay on the relator.4 It concluded that the plea was voluntary.

The majority here, without discussion of the burden of proof on the voluntariness of the…