UNITED STATES EX REL. TERRY v. HENDERSON

No. 707, Docket 72-1032.

462 F.2d 1125 (1972)

UNITED STATES of America ex rel. Charles TERRY, Petitioner-Appellant, v. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Auburn, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 13, 1972.


Attorney(s) appearing for the Case

Michael A. Young, The Legal Aid Society, New York City (Robert Kasanof, New York City, on the brief), for petitioner-appellant.

John G. Proudfit, Asst. Atty. Gen. of State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. of State of New York, and Iris A. Steel, Asst. Atty. Gen. of State of New York, New York City, on the brief), for respondent-appellee.

Before KAUFMAN, MANSFIELD and TIMBERS, Circuit Judges.


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 voluntariness 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...

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