McNERLIN v. DENNO

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Docket Number

No. 1117, Misc.

Attorney(S)

Richard J. Medalie for
Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General,
Ronald J. Offenkrantz, Assistant Attorney General, for

Judges

PER CURIAM.

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Smart Summary

Factual and Procedural Background

This opinion addresses a petition for a writ of certiorari filed by an inmate, McNerlin, challenging a judgment of the United States Court of Appeals for the Second Circuit. The Supreme Court granted certiorari, vacated the lower court’s judgment, and remanded the matter for further proceedings consistent with a contemporaneous Supreme Court decision.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Jackson v. Denno, 378 U.S. 368 (1964)	Establishes that a defendant is entitled to an independent judicial determination of the voluntariness of a confession before it is submitted to the jury.	The Court directed that the case be remanded for proceedings “in conformity with” the standards announced in Jackson v. Denno.

Court's Reasoning and Analysis

The Court issued a brief per curiam opinion. It granted McNerlin’s motion to proceed in forma pauperis and his petition for certiorari. Citing the freshly decided Jackson v. Denno, the Court vacated the Second Circuit’s judgment and instructed that further proceedings be conducted in line with the constitutional requirements governing the admission of confessions articulated in Jackson.

Four justices—Black, Clark, Harlan, and Stewart—dissented, referencing the reasons they expressed in their dissents in Jackson v. Denno; no additional analysis was provided in this opinion.

Holding and Implications

Holding: Certiorari granted; the judgment of the Court of Appeals is vacated; the case is remanded for further proceedings consistent with Jackson v. Denno.

Implications: The petitioner’s conviction (or related ruling) will be re-examined under the procedural safeguards for determining the voluntariness of confessions established in Jackson v. Denno. The opinion sets no new precedent but applies a newly announced constitutional rule to this case.

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McNERLIN v. DENNO, WARDEN.

Certiorari granted; judgment vacated; and case remanded.

Reported below: 324 F.2d 46.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded for further proceedings in conformity with the opinion of this Court in Jackson v. Denno, ante, p. 368.

MR. JUSTICE BLACK, MR. JUSTICE CLARK, MR. JUSTICE HARLAN and MR. JUSTICE STEWART dissent for the reasons stated in their dissenting opinions in Jackson v. Denno, supra.