Wallace v. State

*550OPINION

By the Court,

Thompson, J.:

By a split decision, the Court of Appeals for the Ninth Circuit remanded this case to the state district court for an evidentiary hearing on the voluntariness of a confession given by Wallace to the police, or in lieu thereof, a new trial. Wallace v. Hocker, 441 F.2d 219 (9 Cir. 1971). The federal appellate court believed that the trial record did not show with “unmistakable clarity,” Sims v. Georgia, 385 U.S. 538 (1967), that the trial judge first had determined that the confession was freely and voluntarily given before allowing the jury to hear it, Jackson…