BLACKBURN
v.
ALABAMA

U.S. | 1957-06-17
No. 426
with whom The Chief Justice and Mr. Justice Brennan concur,
354 U.S. 393 Supreme Court of the United States (1957) Positive Treatment
Also reported at: 1 L. Ed. 2d 1423 · 77 S. Ct. 1098 · 1957 U.S. LEXIS 660 · SCDB 1956-123
Cited by 11 cases
Per_curiam
Per Curiam.

Per Curiam.

The record in this case leaves us uncertain whether petitioner’s claim to the protection of the Due Process Clause .of the Fourteenth Amendment to the United States Constitution was passed upon by the Court of Appeals of Alabama. 38 Ala. App. 143, 88 So. 2d 199. Accordingly, we vacate the judgment of the Court of Appeals and remand the cause to that court in order that it may pass upon this claim. Minnesota v. National Tea Co., 309 U. S. 551.

Dissent
Mr. Justice Douglas,

Mr. Justice Douglas,

with whom The Chief Justice and Mr. Justice Brennan concur,

dissenting.

Petitioner has made as strong a showing as possible that he signed the confession when he was insane. Throughout the whole proceeding he has claimed that the confession was involuntary. The judgment should therefore be reversed. See Chambers v. Florida, 309 U. S. 227; Leyra v. Denno, 347 U. S. 556.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Murray Rosenthal and Joseph Rosenthal v. Scott, 131 So. 2d 480 (Fla. 1961)
    …sarily determined by a state court of last resort. See Honeyman v. Hanan, 1936, 300 U.S. 14, 22, 57 S.Ct. 350, 81 L.Ed. 476; State of Minnesota v. National Tea Co., 1940, 309 U.S. 551, 60 S.Ct. 676, 84 L.Ed. 920; Blackburn v. State of Alabama, 1956, 354 U.S. 393, 77 S.Ct. 1098, 1 L.Ed.2d 1423. The language of the United States Supreme Court in State of Minnesota v. National Tea Co., supra, in its discussion of the necessity for such clarification, could well be paraphrased to fit the situation here. We do n…
  • Foley v. Weaver Drugs, Inc., 177 So. 2d 221 (Fla. 1965)
    …een state courts and this Court and is of equal importance to each. Only by such explicitness can the highest courts of the states and this Court keep within the bounds of their respective jurisdictions.” Compare also Blackburn v. State of Alabama, 354 U.S. 393, 77 S.Ct. 1098, 1 L.Ed.2d 1423. Upon reconsideration of this entire matter, we have concluded that our appellate court decisions may be kept truly harmonious and uniform only by giving to the per curiam decisions without opinion of such courts the…
  • Jackson v. Denno, 378 U.S. 368 (U.S. 1964)

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