United States of America Ex Rel. Juan Cruz v. J. Edwin Lavallee, Warden, Auburn State Prison, Auburn, New York

LUMBARD, Circuit Judge:

This case raises fundamental and important problems dealing with whether failure to object to a coerced confession in a New York state court trial, held prior to Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), precludes the prisoner from raising the issue in federal habeas corpus proceedings and having a hearing on the voluntariness of his confession. While we believe that the failure to object, by itself, does not constitute a waiver of the right to a hearing on voluntariness, we also recognize that in certain circumstances there can be a…