Legal Opinion

United States ex rel. Smith v. Follette

District Court, S.D. New York

Decided May 29, 1967No. 66 Civ. 4166PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WEINFELD, District Judge.

Petitioner was convicted after a jury trial of rape, attempted robbery and carrying and using dangerous weapons. He was sentenced on May 20, 1964,1 prior to the decisions of the Supreme Court of the United States in Jackson v. Denno 2 and Escobedo v. State of Illinois.3 Upon his trial, after he had objected to the introduction in evidence of certain alleged involuntary admissions, the issue of their voluntariness was submitted to the jury.

During the pendency of his appeal to the Appellate Division, the Supreme Court decided Jackson v. Denno,4 following which…

2Cases cited12 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Johnson v. New JerseySupreme Court of the United States · 1966
  5. Davis v. North CarolinaSupreme Court of the United States · 1966

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3Cited by6 opinions

  1. United States ex rel. Smith v. FolletteCourt of Appeals for the Second Circuit · 1969
  2. People v. CatoneAppellate Division of the Supreme Court of the State of New York · 1984
  3. United States ex rel. Walker v. FolletteDistrict Court, S.D. New York · 1967
  4. United States ex rel. Flott v. MancusiDistrict Court, S.D. New York · 1971
  5. United States ex rel. Franco v. TernulloDistrict Court, S.D. New York · 1976

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