Emanuel Pea, Jr. v. United States

On Rehearing En Banc

Before BAZELON, Chief Judge, and DANAHER, BURGER, WRIGHT, Mc-

GOWAN, TAMM, LEVENTHAL and ROBINSON, Circuit Judges, sitting en banc.

LEVENTHAL, Circuit Judge:

On December 20, 1967, a division of this court found error in the District Court’s determination (made at 1966 Jackson v. Denno1 hearing held pursuant to the Supreme Court’s mandate),2 that appellant’s confession was voluntary. The division went on to rule that “it cannot fairly be found beyond a reasonable doubt that the confession was voluntary * * * [and] if that is the appropriate standard * * * a new trial must be…