United States of America Ex Rel. Charles Terry v. Robert J. Henderson, Superintendent, Auburn Correctional Facility, Auburn, New York

TIMBERS, Circuit Judge:

The primary issue raised on this appeal from the denial of a state prisoner’s petition for a writ of habeas corpus is whether the district court should have held a hearing on the issue of the volun-tariness of petitioner’s confession of nine years ago, although counsel at his state murder trial not only failed to object to the confession on grounds of involuntariness but made affirmative use of it to negate lack of intent to kill, leading to his acquittal of premeditated murder. A secondary issue raised is whether petitioner’s conviction of felony murder denied him due…