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UNITED STATES EX REL. JEFFERSON v. FOLLETTE

No. 498, Docket 32032.

396 F.2d 862 (1968)

UNITED STATES of America ex rel. Albert JEFFERSON, Appellant, v. Hon. Harold W. FOLLETTE, as Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided June 6, 1968.

Attorney(s) appearing for the Case

Francis P. Clarke, New York City (Anthony F. Marra and Joseph T. McGough, Jr., New York City, on the brief), for appellant.

Mortimer Sattler, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondent.

Before LUMBARD, Chief Judge, SMITH and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

Albert Jefferson appeals from an order of the Southern District which dismissed, without a hearing, his application for a writ of habeas corpus based upon allegations that a coerced confession was used against him at trial and that the state hearing on the voluntariness of the confession was inadequate. We reverse and remand for a hearing upon the voluntariness of the confession.

Jefferson was convicted of rape in the first degree after...

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