Boles v. Stevenson, 379 U.S. 43 (1964). · Go Syfert
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Boles v. Stevenson, 379 U.S. 43 (1964). Cases Citing This Book View Copy Cite
454 citation events (12 in the last 25 years) across 54 distinct courts.
Strongest positive: Gibbs v. Frank (ca3, 2007-08-29) · Strongest negative: John J. Vaccaro v. United States (ca5, 1972-04-12)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited "but see" John J. Vaccaro v. United States (3×)
5th Cir. · 1972 · signal: but see · confidence high
But see, Adams v. Illinois, supra 6 Johnson v. New Jersey, 1966, 384 U.S. 719 , 89 S.Ct. 1772 , 16 L.Ed.2d 882 , denying retroactive application of Escobedo v. Illinois, 1964, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 and Miranda v. Arizona, 1966, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 7 Witherspoon v. Illinois, 1968, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 , carrying an announcement of retroactive application of its own holding, 391 U.S. at 523 n. 22, 88 S.Ct. 1770 8 DeStefano v. Woods, 1968, 392 U.S. 631 , 88 S.Ct. 2093 , 20 L.Ed.2d 1308 , denying retroactivity to Bloom v. I…
discussed Cited as authority (rule) Gibbs v. Frank
3rd Cir. · 2007 · confidence medium
See, e.g., Richmond v. Lewis, 506 U.S. 40, 52 (1992) (directing District Court to enter a conditional order granting habeas unless the State corrected the constitutional error within a reasonable period of time); Boles v. Stevenson, 379 U.S. 43, 46 (1964) (remanding “to the District Court to allow the State a reasonable time to afford Stevenson a hearing or a new trial, failing which Stevenson is entitled to his release”); Rogers v. Richmond, 365 U.S. 534, 549 (1961) (“The case is remanded to the Court of Appeals to be held in order to give the State opportunity to retry petitioner, in l…
discussed Cited as authority (rule) St. Pierre, Robert v. Cowan, Roger D.
7th Cir. · 2000 · confidence medium
P. 11; Brady v. United States, 397 U.S. 742, 748 (1970); see also Faretta v. California, 422 U.S. 806, 835-36 (1975) (right to counsel); Boles v. Stevenson, 379 U.S. 43, 45 (1964) (per curiam) (voluntariness of confession); Johnson v. Zerbst, 304 U.S. 458, 464-65 (1938) (right to counsel); United States v. Estrada- Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (right to appeal); United States v. Duarte-Higareda, 113 F.3d 1000, 1002 (9th Cir. 1997) (right to jury trial); United States v. Kellum, 42 F.3d 1087, 1097 (7th Cir. 1994) (guilty plea); United States v. Bushert, 997 F.2d 1343, 1350-52 (11…
cited Cited as authority (rule) Cantrell v. Maxwell
S.D. Ohio · 1969 · confidence medium
Pa. 1967), 268 F. Supp. 691 ; Boles v. Stevenson (1964), 379 U. S. 43, 45, 46 , 85 S. Ct. 174 , 13 L.
cited Cited as authority (rule) McKinley v. State
Wis. · 1967 · confidence medium
Sapp. 411; affirmed (4th Cir. 1964), 331 Fed. 2d 939; modified (1964), 379 U. S. 43 , 85 Sup. Ct. 174, 13 L.
cited Cited as authority (rule) State v. Broxton
N.J. · 1967 · confidence medium
Nor is the District Court supported by Boles v. Stevenson, 379 U. S. 43, 45 , 85 S. Ct. 174, 175 , 13 L.
examined Cited "see" George Jones M-2329 v. Charles Zimmerman (3×)
3rd Cir. · 1986 · signal: see · confidence high
See Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964).
examined Cited "see" Stover v. United States (3×)
D.C. · 1979 · signal: see · confidence high
See Boles v. Stevenson, 379 U.S. 43, 45-46 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964) (per curiam); Jackson v. Denno, supra, 378 U.S. at 394 , 84 S.Ct. 1774 .
examined Cited "see" United States v. Richard Barry (3×)
2d Cir. · 1975 · signal: see · confidence high
See Stevenson v. Boles, 331 F.2d 939 (4th Cir.) (per curiam), modified, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964) (per curiam).
cited Cited "see" Commonwealth v. McLean
Pa. Super. Ct. · 1968 · signal: see · confidence high
See Stevenson v. Boles, 331 F. 2d 939 (4th Cir.), aff’d per curiam, 379 U.S. 43 (1964); Kinder v. Boles, 253 F. Supp. 817 (N.D.
examined Cited "see" Carl Lemon Mullins v. United States (3×)
4th Cir. · 1967 · signal: see · confidence high
See Stevenson v. Boles, 331 F.2d 939 (4 Cir.), aff’d and modified, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964).
examined Cited "see" George R. Woody v. United States (3×)
D.C. Cir. · 1967 · signal: see · confidence high
See id. at 744 n. 1, 68 S.Ct. at 301 . . 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964) (per curiam). .
examined Cited "see" Nathaniel Clifton v. United States (6×)
D.C. Cir. · 1967 · signal: see · confidence high
See Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964); McNerlin v. Denno, 378 U.S. 575 , 84 S.Ct. 1933 , 12 L.
examined Cited "see, e.g." People v. Tate (3×)
Mich. · 2005 · signal: see, e.g. · confidence low
See, e.g., Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964); Lee v. Mississippi, 332 U.S. 742 , 68 S.Ct. 300 , 92 L.Ed. 330 (1948).
examined Cited "see, e.g." State v. Erickson (6×)
S.D. · 1994 · signal: see also · confidence low
Jackson v. Denno, 378 U.S. at 394 , 84 S.Ct. at 1790 ; see also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964).
examined Cited "see, e.g." Doby v. South Carolina Department of Corrections (3×)
4th Cir. · 1986 · signal: see also · confidence low
Id. at 394 , 84 S.Ct. at 1790 ; United States v. Gonzalez, 736 F.2d 981, 983 (4th Cir.1984); see also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964) (modifying the Fourth Circuit’s judgment to require only an evidentiary hearing rather than a complete new trial).
examined Cited "see, e.g." Doby v. South Carolina Department of Corrections (3×)
4th Cir. · 1986 · signal: see also · confidence low
Id. at 394 , 84 S.Ct. at 1790 ; United States v. Gonzalez, 736 F.2d 981, 983 (4th Cir.1984); see also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964) (modifying the Fourth Circuit's judgment to require only an evidentiary hearing rather than a complete new trial).
examined Cited "see, e.g." Enos Jay Gardner v. Peter J. Pitchess, Sheriff of Los Angeles County John Van De Kamp, District Attorney for Los Angeles County (3×)
9th Cir. · 1984 · signal: see, e.g. · confidence low
See, e.g., Boles v. Stevenson, 379 U.S. 43, 45-46 , 85 S.Ct. 174, 175-176 , 13 L.Ed.2d 109 (1964); Hart v. Eyman, 458 F.2d 334, 338 (9th Cir.), cert. denied, 407 U.S. 916 , 92 S.Ct. 2441 , 32 L.Ed.2d 691 (1972).
examined Cited "see, e.g." Fast v. Wead (3×)
N.D. Ohio · 1981 · signal: see, e.g. · confidence low
See, e. g., Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964); Hart v. Eyman, 458 F.2d 334 (9th Cir.), cert. den. 407 U.S. 916 , 92 S.Ct. 2441 , 32 L.Ed.2d 691 (1972).
discussed Cited "see, e.g." United States v. Kim L. Powe, A/K/A \Kim (2×)
unknown court · 1979 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed. 109 (1964). 35 "At the beginning of the processing, she was quite hostile and she didn't want to speak to us about anything." Tr. 76 We have no need to decide whether the continued interrogation of appellant after she voiced her desire not to answer any questions constituted a Miranda violation.
discussed Cited "see, e.g." United States v. Powe (2×)
unknown court · 1978 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed. 109 (1964). .
examined Cited "see, e.g." United States of America Ex Rel. Robert Harvin v. Howard D. Yeager, Warden, New Jersey State Prison (10×)
3rd Cir. · 1970 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964). .
examined Cited "see, e.g." Edgar M. Ellis v. C. J. Fitzharris, Department of Corrections of the State of California (3×)
9th Cir. · 1969 · signal: see also · confidence low
See also, Boles v. Stevenson, 379 U.S. 43, 45 , 85 S.Ct. 174 , 13 L.Ed.2d 109 ; Javor et al. v. United States, 9 Cir., 403 F.2d 507 , decided November 14, 1968; Smith v. State of Texas, 5 Cir., 395 F.2d 958, 961 .
examined Cited "see, e.g." Charles v. State (6×)
Tex. Crim. App. · 1967 · signal: compare · confidence low
Compare Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 .
cited Cited "see, e.g." Homan v. Sigler
D. Neb. · 1967 · signal: see also · confidence low
See also, Boles v. Stevenson, 379 U.S. 43 (1964).
examined Cited "see, e.g." State v. Cook (3×)
N.J. · 1966 · signal: see also · confidence low
See also Stevenson v. Boles, 221 F. Supp. 411 (1963), affirmed 331 *417 F. 2d 939 (4 Cir.), modified 379 U. S. 43 , 85 S. Ct. 174 , 13 L.
examined Cited "see, e.g." Miller v. Boles (3×)
N.D.W. Va. · 1965 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964). 37 .
examined Cited "see, e.g." Stewart v. Stephens (3×)
E.D. Ark. · 1965 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U.S. 43 , 85 S.Ct. 174 , 13 L.Ed.2d 109 (1964), and Henry v. State of Mississippi, 379 U.S. 443 , 85 S.Ct. 564 , 13 L.Ed.2d 408 (1965). 34 .
discussed Cited "see, e.g." Henry v. Mississippi (2×)
SCOTUS · 1965 · signal: see also · confidence low
See also Boles v. Stevenson, 379 U. S. 43 , dissent noted at 46.
Retrieving the full opinion text from the archive…
Boles, Warden
v.
Stevenson
298.
Supreme Court of the United States.
Nov 23, 1964.
379 U.S. 43
Charles Robert Sarver and Claude A. Joyce, Assistant Attorneys General of West Virginia, for petitioner. Daniel J. Meador for respondent.
Black, State.
Cited by 143 opinions  |  Published
Per Curiam.

The respondent, Stevenson, was convicted of murder in the first degree and sentenced to death in the Common Pleas Court of Cabell County, West Virginia. The conviction was affirmed on appeal by the West Virginia Supreme Court of Appeals. State v. Stevenson, 147 W. Va. 211, 127 S. E. 2d 638. Certiorari was denied here. 372 U. S. 938. He then filed a petition for habeas corpus in the United States District Court. Stevenson v. Boles, 221 F. Supp. 411. That court issued the writ on the ground that the State Supreme Court of Appeals used an[*44] erroneous standard for determining voluntariness and that an oral admission of guilt contained in the testimony of three state police officers was involuntary. The District Court ordered Stevenson’s release conditioned on the failure of the State to retry the defendant within a reasonable time, and the Court of Appeals affirmed. Without reaching the voluntariness of the confession, it held that the defendant was denied a fair and effective resolution of the voluntariness issue at trial when the trial court failed to hold a preliminary examination on this issue and failed to submit it to the jury under appropriate instructions. We grant certiorari and modify the order of the Court of Appeals to conform to our subsequent decision in Jackson v. Denno, 378 U. S. 368. *

At Stevenson’s trial Officer Coleman testified for the State that he, and two other police officers, arrested the defendant and took him to the Atlantic Sea Food Store to show him the badly mutilated body of the victim. On cross-examination Coleman stated that the defendant strongly resisted efforts to confront him with the still undisturbed scene of the crime inside the building. Another of the officers gave the defendant a choice between entering the store or explaining what he knew about the crime. Coleman testified that the defendant then admitted committing the crime. At the conclusion of this testimony the defensé moved to strike the oral confession of guilt because it “does not comply with the rules covering the introduction of a confession in that he was not’ warned that any statement he made may and would be. used against him or any of the other requirements on- entering of a..confession.” This motion was overruled without comment and without a hearing on voluntariness. Subsequent motions to exclude the testi[*45] mony of the other two officers in respect to the same challenged admission of guilt were similarly overruled without comment. After this confession was thrice admitted, the defendant took the stand in his own defense . and denied ever having made the admission to the officers.

• Relying on this denial, the State Supreme Court of Appeals ruled that no preliminary examination was required in this case and that the confession was voluntary.

The practice in West Virginia, when an objection to a confession is interposed, is to hold a preliminary hearing out of the presence of the jury at which the trial judge fully determines the coercion issue. State v. Vance, 146 W. Va. 925, 124 S. E. 2d 252. In light of this practice, we cannot ascertain on this record whether the trial judge declined to hold a hearing and declined to rule explicitly on voluntariness because he thought there could not be any issue in light of defendant’s not-guilty plea, because he thought the confession was in fact voluntary, or because he thought the objections were inadequate or untimely. Hence we do not know if thé-trial judge decided volun-tariness, one way or the other, and, if he did, what standard was relied upon. We think the procedures were not “fully adequate to insure a reliable and clear-cut determination of the voluntariness of the confession.” Jackson v. Denno, 378 U. S. 368, 391.

. Hence we agree with the Court of Appeals that the writ should issue. Bui it does not follow that the State is required to order a new trial. As we held in Jackson, supra, where a state defendant has not been given an adequate hearing upon the voluntariness of his confession, he is entitled to a hearing in the state courts under appropriate procedures and standards designed to insure a full and adequate resolution, of this issue. “A state defendant should have the opportunity to have all issues which may be determinative of his guilt tried by a state judge or a state jury under appropriate state procedures[*46] which conform to the requirements of the Fourteenth Amendment.” Rogers v. Richmond, 365 U. S. 534, 547-548. Accordingly the judgment below is modified and the case is remanded to the District Court to allow the State a reasonable time to afford Stevenson a hearing or a new trial, failing which Stevenson is entitled to his release. As so modified, the judgment is affirmed.

Mr. Justice Black would affirm the judgment of the Court of Appeals affirming the District Court’s judgment which ordered Stevenson’s release conditioned on the failure of the State to retry the defendant within a reasonable time.
*

The respondent’s motion to dispense with the printing of the brief in opposition is granted.