Payne v. Arkansas, 356 U.S. 560 (1958). · Go Syfert
Payne v. Arkansas, 356 U.S. 560 (1958). Cases Citing This Book View Copy Cite
2,510 citation events (301 in the last 25 years) across 135 distinct courts.
Strongest positive: J. D. B. v. North Carolina (scotus, 2011-06-16)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) J. D. B. v. North Carolina (6×) also: Cited as authority (quoted), Cited "see"
SCOTUS · 2011 · quote attribution · 3 verbatim quotes · confidence high
mentally dull" and " 'slow to learn
examined Cited as authority (verbatim quote) J. D. B. v. North Carolina (4×) also: Cited "see"
SCOTUS · 2011 · quote attribution · 2 verbatim quotes · confidence high
mentally dull" and " 'slow to learn
examined Cited as authority (verbatim quote) State v. Huff (5×) also: Cited as authority (quoted)
N.C. · 1989 · quote attribution · 5 verbatim quotes · confidence high
coerced confession vitiates the judgment because it violates the due process clause of the fourteenth amendment
examined Cited as authority (quoted) United States v. Begay (3×)
D.N.M. · 2018 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the judgment must be reversed because of the admission in evidence of the coerced confession
discussed Cited as authority (quoted) Rouch v. Enquirer & News
Mich. · 1992 · quote attribution · 1 verbatim quote · confidence low
where the claim is that the prisoner's confession is the product of coercion we are bound to make our own examination of the record
examined Cited as authority (quoted) Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent (3×)
5th Cir. · 1980 · quote attribution · 3 verbatim quotes · confidence low
mentally dull
cited Cited as authority (rule) John D. Ellis v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
Payne v. Arkansas, 356 U.S. 560, 568 (1958).
cited Cited as authority (rule) John D. Ellis v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
Payne v. Arkansas, 356 U.S. 560, 568 (1958).
discussed Cited as authority (rule) Wrice v. Byrne
N.D. Ill. · 2019 · confidence medium
It is well-settled that “[t]he use in a state criminal trial of a defendant’s confession obtained by coercion—whether physical or mental—is forbidden by the Fourteenth Amendment.” Payne v. State of Ark., 356 U.S. 560, 561 (1958).
discussed Cited as authority (rule) McNelly v. Cline
10th Cir. · 2018 · confidence medium
Although McNelly is correct that admission into evidence of a coerced confession can violate the Due Process Clause of the Fourteenth Amendment, Payne v. Arkansas, 356 U.S. 560, 568 (1956), the Supreme Court has also held that “harmless-error analysis applies to coerced confessions,” Arizona v. Fulminante, 499 U.S. 279, 295 (1991).
discussed Cited as authority (rule) Olevik v. State
Ga. · 2017 · confidence medium
See Chavez v. Martinez, 538 U.S. 760, 767 ( 123 SCt 1994 , 155 LE2d 984) (2003) (“Statements compelled by police interrogations of course may not be used against a defendant at trial, but it is not until their use in a criminal case that a violation of the Self-Incrimination Clause occurs.” (citation omitted; emphasis supplied)); Payne v. Arkansas, 356 U.S. 560, 561 ( 78 SCt 844 , 2 LE2d 975) (1958) (the use of a defendant’s confession obtained by coercion, whether physical or mental, violates due process).
discussed Cited as authority (rule) OLEVIK A/K/A PLEVIK v. State
Ga. · 2017 · confidence medium
See Chavez v. Martinez, 538 U.S. 760, 767 ( 123 SCt 1994 , 155 LE2d 984) (2003) (“Statements compelled by police interrogations of course may not be used against a defendant at trial, but it is not until their use in a criminal case that a violation of the Self-Incrimination Clause occurs.” (citation omitted; emphasis supplied)); Payne v. Arkansas, 356 U.S. 560, 561 ( 78 SCt 844 , 2 LE2d 975) (1958) (the use of a defendant’s confession obtained by coercion, whether physical or mental, violates due process).
discussed Cited as authority (rule) State v. Adam M. Blackman
Wis. · 2017 · confidence medium
Schneckloth, 412 U.S. at 240 . ¶114 Some factors relating to the defendant are: his youth, Haley v. Ohio, 332 U.S. 596, 599 (1948); education or lack thereof, Payne v. Arkansas, 356 U.S. 560, 562 (1958); low intelligence or mentally compromised, see Fikes v. Alabama, 352 U.S. 191, 196 (1957); questioning that occurred while defendant was in custody, State v. Michels, 141 Wis. 2d 81, 92 , 414 N.W.2d 311 (Ct. App. 1987). ¶115 In a consent-search, it is the State's burden to show voluntariness; however, the State does not have the burden to show that the defendant's consent was "informed consen…
discussed Cited as authority (rule) State v. Adam M. Blackman (2×)
Wis. · 2017 · confidence medium
Schneckloth, 412 U.S. at 240 . ¶114 Some factors relating to the defendant are: his youth, Haley v. Ohio, 332 U.S. 596, 599 (1948); education or lack thereof, Payne v. Arkansas, 356 U.S. 560, 562 (1958); low intelligence or mentally compromised, see Fikes v. Alabama, 352 U.S. 191, 196 (1957); questioning that occurred while defendant was in custody, State v. Michels, 141 Wis. 2d 81, 92 , 414 N.W.2d 311 (Ct. App. 1987). ¶115 In a consent-search, it is the State's burden to show voluntariness; however, the State does not have the burden to show that the defendant's consent was "informed consen…
discussed Cited as authority (rule) Jessica Boyett v. State (2×)
Tex. App. · 2015 · confidence medium
App. 2008) ............................................................................................................. 48 Payne v. Arkansas, 356 U.S. 560, 561 (1958) ........................................................ 48 Prince v. State, 231S.W.2d419, 421 (Tex. Crim.
discussed Cited as authority (rule) Rodney Boyett v. State
Tex. Crim. App. · 2015 · confidence medium
“Coercion can be mental as well as physical and...the blood of the accused is not the only hallmark of an unconstitutional inquisition.” Blackburn v. Alabama, 361 U.S. 199, 206 (1966); Reck v. Pate, 367 U.S. 433, 440-441 (1961); Rogers v. Richmond, 365 U.S. 47 534, 540 (1961); Payne v. Arkansas, 356 U.S. 560, 561 (1958).
cited Cited as authority (rule) State v. DeLeon
Wash. Ct. App. · 2014 · confidence medium
Id. at 567 (footnotes omitted) (quoting Watts v. Indiana, 338 U.S. 49, 53 , 69 S. Ct. 1347 , 93 L.
cited Cited as authority (rule) United States v. Tymond Preston
9th Cir. · 2014 · confidence medium
Payne v. Arkansas, 356 U.S. 560, 567 (1958), concluded that the confession of a “mentally dull 19-year-old youth” was coerced.
discussed Cited as authority (rule) United States v. Tymond Preston
9th Cir. · 2013 · confidence medium
PRESTON three-year-old mental defective . . . with an intelligence quotient of sixty-four”); Commonwealth of the Northern Mariana Islands v. Mendiola, 975 F. 2d 475 (9th Cir. 1993) (finding confession involuntary on the basis that “consideration of defendant’s reduced capacity is critical because it rendered him more susceptible to subtle forms of coercion,” and citing the low intelligence of defendants in Reck v. Pate, 367 U.S. 433 (1961) and Payne v. Arkansas, 356 U.S. 560, 562, 567 (1958)). * The majority thoughtfully asked the district court to reconsider its order approving the pl…
discussed Cited as authority (rule) United States v. Tymond Preston (2×)
9th Cir. · 2013 · confidence medium
See also Culombe v. Connecticut, 367 U.S. 568, 620 , 81 S.Ct. 1860 , 6 L.Ed.2d 1037 (1961) (holding involuntary the confession extracted from a “thirty-three-year-old mental defective ... with an intelligence quotient of sixty-four”); Commonwealth of the Northern Mariana Islands v. Mendiola, 976 F.2d 475 (9th Cir.1993) (finding confession involuntary on the basis that “consideration of defendant’s reduced capacity is critical because it rendered him more susceptible to subtle forms of coercion,” and citing the low intelligence of defendants in Reck v. Pate, 367 U.S. 433 , 81 S.Ct. 15…
discussed Cited as authority (rule) State v. Ward
Wis. · 2009 · confidence medium
See, e.g., Davis v. North Carolina, 384 U.S. 737, 745 (1966) (noting that a defendant was held incommunicado where there was an instruction not to permit anyone access to Davis and not to allow him to communicate with others); Payne v. Arkansas, 356 U.S. 560, 563 (1958) 6 (noting incommunicado status where defendant's family members and lawyer were not permitted to visit him and he asked to make a phone call but was not allowed to do so). ¶ 50.
discussed Cited as authority (rule) People v. Hoffler
N.Y. App. Div. · 2008 · confidence medium
With respect to the latter, these errors are of such magnitude that they “transcendí ] the criminal process” and, therefore, “defy analysis by ‘harmless error’ standards” (Arizona v Fulmi-nante, 499 US at 309, 311 ; see United States v Gonzalez-Lopez, 548 US at 148 ; Sullivan v Louisiana, 508 US 275, 281-282 [1993]; Vasquez v Hillery, 474 US 254, 263 [1986]; Waller v Georgia, 467 US 39 , 49 n 9 [1984]; Payne v Arkansas, 356 US 560, 568 [1958]).
discussed Cited as authority (rule) Sanchez-Llamas v. Oregon (2×)
SCOTUS · 2006 · confidence medium
In particular, we have ruled that the Constitution requires the exclusion of evidence obtained by certain violations of the Fourth Amendment, see Taylor v. Alabama, 457 U. S. 687, 694 (1982) (arrests in violation of the Fourth Amendment); Mapp v. Ohio, 367 U. S. 643, 655-657 (1961) (unconstitutional searches and seizures), and confessions exacted by police in violation of the right against compelled self-incrimination or due process, see Dickerson, 530 U. S., at 435 (failure to give Miranda warnings); Payne v. Arkansas, 356 U. S. 560, 568 (1958) (involuntary confessions).
discussed Cited as authority (rule) State v. Terrazas (2×)
Tex. Crim. App. · 1999 · confidence medium
Those that the Supreme Court and other courts have addressed may be grouped under the headings “conduct of the police” and “characteristics of suspects.” Conduct of police In addition to the threats and physical brutality which this Court has discussed today under their usual label of “inherently coercive” misconduct, courts have considered: • intent of officers to extract a confession, Spano v. New York, 360 U.S. 315 , 79 S.Ct. 1202 , 3 L.Ed.2d 1265 (1959) (questioning suspect after indictment showed officers’ intent was to extract confession rather than solve crime or absolve…
discussed Cited as authority (rule) State v. Phillips (2×)
Wis. · 1998 · confidence medium
See United States v. Watson, 423 U.S. at 424-25; Payne v. Arkansas, 356 U.S. 560, 563 (1958).
discussed Cited as authority (rule) United States v. Elie
4th Cir. · 1997 · confidence medium
See, e.g. , Beecher v. Alabama, 389 U.S. 35, 36 (1967) (statement obtained after police held a gun to suspect's head); Payne v. Arkansas, 356 U.S. 560, 564-65 (1958) (statement obtained after police threatened to turn suspect over to an angry mob); Brown v. Mississippi, 297 U.S. 278, 281-82 (1936) (statement obtained after police whipped suspect).
discussed Cited as authority (rule) Gerald Christopher Zuliani v. State (2×)
Tex. App. · 1995 · confidence medium
As the Court has said: "Coercion can be mental as well as physical and . . . . the blood of the accused is not the only hallmark of an unconstitutional inquisition." Blackburn v. Alabama , 361 U.S. 199, 206 (1966); see also Reck v. Pate , 367 U.S. 433, 440-41 (1961); Rogers v. Richmond , 365 U.S. 534, 540 (1961); Payne v. Arkansas , 356 U.S. 560, 561 (1958).
discussed Cited as authority (rule) People v. Wilder
Cal. Ct. App. · 1995 · confidence medium
Defendant relies on the following language in Rose : “Despite the strong interests that support the harmless-error doctrine, the Court in Chapman recognized that some constitutional errors require reversal without regard to the evidence in the particular case. [Chapman v. California, supra,] 386 U.S. at p. 23, fn. 8 [17 L.Ed.2 at p. 710] , citing Payne v. Arkansas, 356 U.S. 560, 568-569 (1958) [ 2 L.Ed.2d 975, 981-982 , 78 S.Ct. 844 ] (introduction of coerced confession); Gideon v. Wainwright, 372 U.S. 335, 342-345 (1963) [ 9 L.Ed.2d 799, 803-806 , 83 S.Ct. 792 ] (complete denial of right to…
discussed Cited as authority (rule) Pueblo v. Santiago Alicea
prsupreme · 1995 · confidence medium
En U.S. v. Chaidez, 906 F.2d 377, 381 (8vo Cir. 1990), se resumen de la manera siguiente: Las siguientes características de la persona que ha dado el consentimiento son relevantes al momento de valorar la volun-tariedad del consentimiento prestado: (1) su edad, [Scheneckloth v. Bustamonte, supra,] pág. 226, 93 S.Ct., pág. 2047; Haley v. Ohio, 332 U.S. 596, 599 (1948); (2) su inteligencia promedio y su educación, United States v. Watson, 423 U.S. 411, 425 (1976); Bustamonte , 412 U.S., pág. 226, 93 S.Ct., pág. 2047; Payne v. Arkansas, 356 U.S. 560, 567 (1958); Fikes v. Alabama, 352 U.S. 1…
discussed Cited as authority (rule) Larrivee v. MCC, SUPT
1st Cir. · 1993 · confidence medium
Compare _______ Davis v. North Carolina, 384 U.S. 737, 745-47, 752 (1966) _____ _______________ (defendant held for sixteen days under repeated interrogation without being told of rights; confession found to be involuntary); Payne v. Arkansas, 356 U.S. 560, 567 (1958) _____ ________ (confession involuntary where defendant not advised of rights, held incommunicado for three days, denied food for long periods of time and threatened with violence).
discussed Cited as authority (rule) Larrivee v. MCC, SUPT
1st Cir. · 1993 · confidence medium
Compare Davis v. North Carolina, 384 U.S. 737, 745-47, 752 (1966) (defendant held for sixteen days under repeated interrogation without being told of rights; confession found to be involuntary); Payne v. Arkansas, 356 U.S. 560, 567 (1958) (confession involuntary where defendant not advised of rights, held incommunicado for three days, denied food for long periods of time and threatened with violence).
discussed Cited as authority (rule) Jerry Larrivee v. McC Supt.
1st Cir. · 1993 · confidence medium
Compare Davis v. North Carolina, 384 U.S. 737, 745-47, 752 (1966) (defendant held for sixteen days under repeated interrogation without being told of rights; confession found to be involuntary); Payne v. Arkansas, 356 U.S. 560, 567 (1958) (confession involuntary where defendant not advised of rights, held incommunicado for three days, denied food for long periods of time and threatened with violence). 12 We only note that courts have upheld as voluntary confessions given in circumstances more coercive than alleged here.
discussed Cited as authority (rule) ca11 1993
11th Cir. · 1993 · confidence medium
See generally Dunaway v. New York, 442 U.S. 200 , 99 S.Ct. 2248 , 60 L.Ed.2d 824 (1979); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968) 40 See Rawlings v. Kentucky, 448 U.S. 98, 106-110 , 100 S.Ct. 2556, 2562-64 , 65 L.Ed.2d 633 (1980); Wong Sun v. United States, 371 U.S. 471, 490 , 83 S.Ct. 407, 419 , 9 L.Ed.2d 441 (1963) (holding that confession of defendant who had been illegally arrested, released on his own recognizance, and returned voluntarily several days later to make incriminating statements need not be suppressed because connection between the arrest and the state…
examined Cited as authority (rule) People v. Cahill (10×)
Cal. · 1993 · confidence medium
(See, e.g., Payne v. Arkansas (1958) 356 U.S. 560, 568 [ 2 L.Ed.2d 975, 981 , 78 S.Ct. 844 ]; People v. Berve (1958) 51 Cal.2d 286, 290 [ 332 P.2d 97 ]; People v. Trout (1960) 54 Cal.2d 576, 585 [ 6 Cal.Rptr. 795 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) In Arizona v. Fulminante (1991) 499 U.S. 279 [ 113 L.Ed.2d 302 , 111 S.Ct. 1246 ] (hereafter Fulminante), however, a majority of the United States Supreme Court, in reconsidering the soundness of applying a reversible-per-se rule to the erroneous admission of an involuntary confession 1 as a matter of federal constitutional law, concluded that the…
discussed Cited as authority (rule) People v. Sims (2×)
Cal. · 1993 · confidence medium
(See, e.g., Payne v. Arkansas (1958) 356 U.S. 560, 568 [ 2 L.Ed.2d 975, 981 , 78 S.Ct. 844 ]; People v. McClary, supra, 20 Cal.3d at p. 230 .) In Fulminante , however, the United States Supreme Court held that a federal constitutional “trial error” such as the admission of an involuntary confession does not automatically require reversal of the conviction, but is subject to the harmless-error analysis set forth in Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]. (499 U.S. at pp. 306-309 [ 113 L.Ed.2d 302 at pp. 329-331 ].) In People v. Cahill, …
discussed Cited as authority (rule) Commonwealth of the Northern Mariana Islands v. Mariano Faisao Mendiola (2×)
9th Cir. · 1993 · confidence medium
See, e.g., Reck v. Pate, 367 U.S. 433, 441 , 81 S.Ct. 1541, 1546 , 6 L.Ed.2d 948 (1961) (low intelligence); Payne v. Arkansas, 356 U.S. 560, 562, 567 , 78 S.Ct. 844, 847, 850 , 2 L.Ed.2d 975 (1958) (lack of education and low intelligence).
examined Cited as authority (rule) Arizona v. Fulminante (5×) also: Cited "see, e.g."
SCOTUS · 1991 · confidence medium
As in Payne , where the Court found that a confession was coerced because the interrogating police officer had promised that if the accused confessed, the officer would protect the accused from an angry mob outside the jailhouse door, 356 U. S., at 564-565, 567 , so too here, the Arizona Supreme Court found that it was fear of physical violence, absent protection from his friend (and Government agent) Sarivola, which motivated Fulminante to confess.
discussed Cited as authority (rule) State v. Blue Thunder (2×)
S.D. · 1991 · confidence medium
Also excluded was a tape-recorded interrogation of Blue Thunder by Lieutenant Swanson conducted at the police department on the morning of the murder. [2] "[T]hree decisions of the United States Supreme Court [ Mincey v. Arizona, 437 U.S. 385, 398 , 98 S.Ct. 2408, 2416 , 57 L.Ed.2d 290, 303-04 (1978); Jackson v. Denno, 378 U.S. 368, 376 , 84 S.Ct. 1774, 1780 , 12 L.Ed.2d 908, 915 (1964); Payne v. Arkansas, 356 U.S. 560, 568 , 78 S.Ct. 844, 850 , 2 L.Ed.2d 975, 981 (1958)] `have actually held that the admission of coerced confessions cannot be considered harmless error.'" State v. Fulminante, 1…
discussed Cited as authority (rule) People v. Montano
Cal. Ct. App. · 1991 · confidence medium
(See Rose v. Clark (1986) 478 U.S. 570, 577 [ 92 L.Ed.2d 460, 470 , 106 S.Ct. 3101 ]; Chapman v. California (1967) 386 U.S. 18, 23 [ 17 L.Ed.2d 705, 710 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ] [text & fn. 8]; Payne v. Arkansas (1958) 356 U.S. 560, 568 [ 2 L.Ed.2d 975, 981 , 78 S.Ct. 844 ].) 9 II * The judgment of conviction is reversed.
discussed Cited as authority (rule) People v. Asay (2×)
Cal. Ct. App. · 1990 · confidence medium
And in these circumstances this Court has uniformly held that even though there may have been sufficient evidence, apart from the coerced confession, to support the judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment because it violates the Due Process Clause of the Fourteenth Amendment.’ ” (62 Cal.2d at p. 729, quoting Payne v. Arkansas (1958) 356 U.S. 560, 568 [ 2 L.Ed.2d 975, 981 , 78 S.Ct. 844 ].) The court concluded that the reason for the exclusion of the confession was unimportant because: “[a]fter holding that the con…
discussed Cited as authority (rule) Illinois v. Perkins (2×)
SCOTUS · 1990 · confidence medium
That the confession was not elicited through means of physical torture, see Brown v. Mississippi, 297 U. S. 278 (1936) or overt psychological pressure, see Payne v. Arkansas, 356 U. S. 560, 566 (1958), does not end the inquiry. "[A]s law enforcement officers become more responsible, and the methods used to extract confessions more sophisticated, [a court's] duty to enforce federal constitutional protections does not cease.
discussed Cited as authority (rule) People v. Markham (2×)
Cal. · 1989 · confidence medium
(See, e.g., Payne v. Arkansas (1958) 356 U.S. 560, 561 [ 2 L.Ed.2d 975, 977 , 78 S.Ct. 844 ]; People v. Trout (1960) 54 Cal.2d 576, 583 [ 6 Cal. Rptr. 759 , 354 P.2d 231 , 80 A.L.R.2d 1418 ].) Our opinion in Jimenez did not attempt to redefine the scope of the Fifth Amendment privilege against self-incrimination in California.
discussed Cited as authority (rule) State v. Fulminante (2×)
Ariz. · 1989 · confidence medium
See, e.g., Mincey v. Arizona, 437 U.S. 385, 398 , 98 S.Ct. 2408, 2416 , 57 L.Ed.2d 290, 303-04 (1978); Chapman v. California, 386 U.S. 18 , 23 n. 8, 87 S.Ct. 824 , 828 n. 8, 17 L.Ed.2d 705 , 710 n. 8 (1967); Jackson v. Denno, 378 U.S. 368, 376 , 84 S.Ct. 1774, 1780 , 12 L.Ed.2d 908, 915 (1964); Payne v. Arkansas, 356 U.S. 560, 568 , 78 S.Ct. 844, 850 , 2 L.Ed.2d 975, 981 (1958); Miller v. Dugger, 838 F.2d 1530 , 1535 n. 10 (11th Cir.), cert. denied, ___ U.S. ___, 108 S.Ct. 2832 , 100 L.Ed.2d 933 (1988); Johnstone v. Kelly, 808 F.2d 214, 218 (2d Cir.1986), cert. denied, 482 U.S. 928 , 107 S.Ct.…
discussed Cited as authority (rule) Connor v. State (2×)
Tex. Crim. App. · 1989 · confidence medium
In ruling that appellant's first oral statement was inadmissible evidence, and so tainted the entire trial that the error was incurable error, the court of appeals obviously relied upon the following principles of law that the Supreme Court of the United States had previously enunciated: "The use in a state criminal trial of a defendant's confession obtained by coercion—whether physical or mental—is forbidden by the Fourteenth Amendment ... [E]ven though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence,…
discussed Cited as authority (rule) Connor v. State (2×)
Tex. Crim. App. · 1989 · confidence medium
In ruling that appellant’s first oral statement was inadmissible evidence, and so tainted the entire trial that the error was incurable error, the court of appeals obviously relied upon the following principles of law that the Supreme Court of the United States had previously enunciated: “The use in a state criminal trial of a defendant’s confession obtained by coercion — whether physical or mental — is forbidden by the Fourteenth Amendment ... [Ejven though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission …
discussed Cited as authority (rule) People v. Juma P.
Cal. Ct. App. · 1988 · confidence medium
(Jackson v. Denno (1964) 378 U.S. 368, 376 [ 12 L.Ed.2d 908, 915 , 84 S.Ct. 1774 , 1 A.L.R.3d 1205 ]; Rogers v. Richmond (1961) 365 U.S. 534 [ 5 L.Ed.2d 760 , 81 S.Ct. 735 ]; Payne v. Arkansas (1958) 356 U.S. 560, 568 [ 2 L.Ed.2d 975, 981 , 78 S.Ct. 844 ]; People v. Rollins (1967) 65 Cal.2d 681, 692-693 [ 56 Cal.Rptr. 293 , 423 P.2d 221 ]; People v. Schader (1965) 62 Cal.2d 716, 728-731 [ 44 Cal.Rptr. 193 , 401 P.2d 665 ]; People v. Dorado (1965) 62 Cal.2d 338, 356 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], and cases cited.)” (People v. Powell (1967) 67 Cal.2d 32, 51-52 [ 59 Cal.Rptr. 817 , 429 P.…
discussed Cited as authority (rule) State v. Childs
Wis. Ct. App. · 1988 · confidence medium
It is the general rule that "the admission in evidence, over objection, of [a] coerced confession vitiates the judgment because it violates the Due Process Clause of the Fourteenth Amendment.” Lynumn v. Illinois, 372 U.S. 528, 537 , (1963) quoting Payne v. Arkansas, 356 U.S. 560, 568 (1958).
discussed Cited as authority (rule) State v. Thompson
Wis. Ct. App. · 1987 · confidence medium
The state further argues that because there is a "strong evidentiary basis” for the jury’s verdict, if there was error, it was harmless. 9 In Lynumn v. Illinois, 372 U.S. 528, 537 (1963), the Court described a similar argument as "an impermissible doctrine.” The Court said: As was said in Payne v. Arkansas, [ 356 U.S. 560, 568 (1958),] "this Court has uniformly held that even though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment beca…
discussed Cited as authority (rule) People v. Hendricks
Cal. · 1987 · confidence medium
(See, e.g., Payne v. Arkansas (1958) 356 U.S. 560, 561 [ 2 L.Ed.2d 975, 977 , 78 S.Ct. 844 ]; People v. Jimenez (1978) 21 Cal.3d 595, 602 [ 147 Cal.Rptr. 172 , 580 P.2d 672 ].) When a defendant claims that he confessed involuntarily, the prosecution is required under California law to prove voluntariness beyond a reasonable doubt.
discussed Cited as authority (rule) State v. Seward (2×)
La. · 1987 · confidence medium
The constitutional guarantee of due process is denied an accused when he is deprived of that "fundamental fairness essential to the very concept of justice." 356 U.S. at 567 , 78 S.Ct. at 850 , 2 L.Ed.2d at 981 (citations omitted).
Payne
v.
Arkansas
99.
Supreme Court of the United States.
May 19, 1958.
356 U.S. 560
Wiley A. Branton argued the cause and filed a brief for petitioner., Thorp Thomas, Assistant Attorney General of Arkansas, argued the cause for respondent. With him on the brief was Bruce Bennett, Attorney General.
Harlan, Whittaker, Clark.
Cited by 840 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #27,061 of 633,719
Citer courts: Fifth Circuit (3) · Supreme Court of North Carolina (3) · D. New Mexico (3) · Supreme Court (2) · Michigan Supreme Court (1)

Lead Opinion

[*561] Mr. Justice Whittaker

delivered the opinion of the Court.

Petitioner, a 19-year-old Negro, was convicted by a jury in Jefferson County, Arkansas, of first degree murder and sentenced to dea/th by electrocution. On appeal to the Supreme Court of Arkansas he pressed two main contentions: (1) that the trial court erred in overruling his motion to suppress, and in receiving in evidence over his objection, a coerced and false confession, and that the error takes and deprives him of his life without due process of law in violation of the Fourteenth Amendment of the Constitution, and (2) that the trial court erred in overruling his motion to quash the panel of petit jurors upon the ground that Negroes were systematically excluded, or their number limited, in the selection of the jury panel, and that the error deprives him of the equal protection of the laws and of due process of law, in violation of the Fourteenth Amendment of the Constitution. The court held that these contentions were without merit and affirmed the judgment. 226 Ark. 910, 295 S. W. 2d 312. He then applied to us for a writ of certiorari, based on these contentions, which we granted because the constitutional questions presented appeared to be substantial. 353 U. S. 929.

We will first consider petitioner’s contention that the confession was coerced, and that its admission in evidence over his objection denied him due process of law, in violation of the Fourteenth Amendment.

The use in a state criminal trial of a defendant’s confession obtained by coercion — whether physical or mental— is forbidden by the Fourteenth Amendment.[1] Enforce[*562] ment of the criminal laws of the States rests principally with the state courts, and generally their findings of fact, fairly made upon substantial and conflicting testimony as to the circumstances producing the contested confession — as distinguished from inadequately supported findings or conclusions drawn from uncontroverted happenings — are not this Court’s concern; [2] yet where the claim is that the prisoner’s confession is the product of coercion we are bound to make our own examination of the record to determine whether the claim is meritorious. “The performance of this duty cannot be foreclosed by the finding of a court, or the verdict of a jury, or both.” [3] The question for our decision then is whether the confession was coerced. That question can be answered only by reviewing the circumstances under which the confession was made. We therefore proceed to examine those circumstances as shown by this record.

Near 6:30 p. m. on October 4, 1955, J. M. Robertson, an elderly retail lumber dealer in the City of Pine Bluff, Arkansas, was found in his office dead or dying from crushing blows inflicted upon his head. More than $450 was missing from the cash drawer. Petitioner, a 19-year-old Negro with a fifth-grade education,[4] who had been employed by Robertson for several weeks, was suspected[*563] of the crime. He was interrogated that night at his home by the police, but they did not then arrest him. Near 11 a. m. the next day, October 5, he was arrested without a warrant and placed in a cell on the first floor of the city jail. Arkansas statutes provide that an arrest may be made without a warant when an officer “has reasonable grounds for believing that the person arrested has committed a felony,” [5] and that when an arrest is made without a warrant the person arrested “shall be forthwith carried before the most convenient magistrate of the county in which the arrest is made,” [6] and when the person arrested is brought before such magistrate it is the latter’s duty to “state the charge [against the accused and to] inquire . . . whether he desires the aid of counsel [and to allow him] a reasonable opportunity” to obtain counsel.[7] It is admitted that petitioner, though arrested without a warrant, was never taken before a magistrate, and that the statutes mentioned were not complied with.

Petitioner was held incommunicado without any charge against him from the time of his arrest at 11 a. m. on October 5 until after his confession on the afternoon of October 7, without counsel, advisor or friend being permitted to see him. Members of his family who sought to see him were turned away, because the police did not “make it a practice of letting anyone talk to [prisoners] while they are being questioned.” Two of petitioner’s brothers and three of his nephews were, to his knowledge, brought by the police to the city jail and questioned during the evening of petitioner’s arrest, and one of his brothers was arrested and held in jail overnight. Petitioner asked permission to make a telephone call but his request was denied.

[*564] Petitioner was not given lunch after being lodged in the city jail on October 5, and missed the evening meal on that day because he was then being questioned in the office of the chief of police. Near 6:30 the next morning, October 6, he was taken by the police, without breakfast, and also without shoes or socks,[8] on a trip to Little Rock, a distance of about 45 miles, for further questioning and a lie detector test, arriving there about 7:30 a. m. He was not given breakfast in that city, but was turned over to the state police who gave him a lie detector test and questioned him for an extended time not shown in the record. At about 1p.m. that day he was given shoes and also two sandwiches — the first food he had received in more than 25 hours. He was returned to the city jail in Pine Bluff at about 6:30 that evening — too late for the evening meal — and placed in a cell on the second floor. The next morning, October 7, he was given breakfast — which, except for the two sandwiches he had been given at Little Rock at 1 p. m. the day before, was the only food he had received in more than 40 hours.

We come now to an even more vital matter. Petitioner testified,[9] concerning the conduct that immediately induced his confession, as follows: “I was locked up upstairs and Chief Norman Young came up [about 1 p. m. on October 7] and he told me that I had not told him all of the story — he said that there was 30 or 40 people outside that wanted to get to me, and he said if I would come in and tell him the truth that he would probably keep them from coming in.” When again asked what the chief of police had said to him on that occasion petitioner testified: “Chief Norman Young said thirty or forty people[*565] were outside wanting to get in to me and he asked me if I wanted to make a confession he would try to keep them out.” The chief of police, on cross-examination, admitted that he had made the substance of that statement to petitioner,[10] and had told him that he would be permitted to confess to the chief “in private.” In this setting, petitioner immediately agreed to make a statement to the chief. The chief then took petitioner to his private office, and almost immediately after arriving at that place there was a knock on the door. The chief opened the door and stepped outside, leaving the door ajar, and petitioner heard him say “ ‘He is fixing to confess now/ and he would like to have me alone.” Petitioner did not know what persons or how many were outside the door. The chief re-entered his office and began questioning petitioner who orally confessed that he had committed the crime. Thereupon Sergeant Halsell of the State Police and Sheriff Norton were admitted to the room, and under questioning by Sergeant Halsell petitioner gave more details concerning the crime. Soon afterward a court reporter was called in and several businessmen were also admitted to the[*566] room. Sergeant Halsell then requestioned petitioner and the questions and answers were taken by the reporter in shorthand. After being transcribed by the reporter, the typed transcription was returned to the room about 3 p. m. and was read and signed by petitioner and witnessed by the officers and businessmen referred to. Thus the “confession” was obtained.

At the beginning of the trial petitioner’s counsel moved to suppress the confession because obtained by coercion culminating in a threat of mob violence. Following Arkansas procedure (McClellan v. State, 203 Ark. 386, 156 S. W. 2d 800), a hearing upon that motion was held before the trial judge in chambers, at which the facts above recited were shown without dispute. In addition petitioner testified that the confession did not contain the truth, and when asked why he made it, he answered: “Well, as a matter of fact lawyer Bran ton I was more than afraid because Chief Norman Young had already told me that there was 30 or 40 peoples outside and the way he stated it, if I hadn’t, if I didn’t make the confession that he would let them in, from the conversation, from the way that he told me.” The trial judge overruled the motion to suppress the confession. The same evidence was then repeated before the jury, and the confession was admitted in evidence over petitioner’s objection. The court instructed the jury to disregard the confession if they found it was not voluntarily made. The jury returned a general verdict finding petitioner guilty of first degree murder as charged and assessed the penalty of death by electrocution. Judgment accordingly was entered on the verdict.

That petitioner was not physically tortured affords no answer to the question whether the confession was coerced, for “[tjhere is torture of mind as well as body; the will is as much affected by fear as by force. ... A[*567] confession by which life becomes forfeit must be the expression of free choice.” Watts v. Indiana, 338 U. S. 49, 52, 53.[11] The undisputed evidence in this case shows that petitioner, a mentally dull 19-year-old youth, (1) was arrested without a warrant, (2) was denied a hearing before a magistrate at which he would have been advised of his right to remain silent and of his right to counsel, as required by Arkansas statutes, (3) was not advised of his right to remain silent or of his right to counsel, (4) was held incommunicado for three days, without counsel, advisor or friend, and though members of his family tried to see him they were turned away, and he was refused permission to make even one telephone call, (5) was denied food for long periods, and, finally, (6) was told by the chief of police “that there would be 30 or 40 people there in a few minutes that wanted to get him,” which statement created such fear in petitioner as immediately produced the “confession.” It seems obvious from the totality of this course of conduct,[12] and particularly the culminating threat of mob violence, that the confession was coerced and did not constitute an “expression of free choice,” [13] and that its use before the jury, over petitioner's objection, deprived him of “that fundamental fairness essential to the very concept of justice,” [14] and, hence, denied him due process of law, guaranteed by the Fourteenth Amendment.

Respondent suggests that, apart from the confession, there was adequate evidence before the jury to sustain the[*568] verdict. But where, as here, a coerced confession constitutes a part of the evidence before the jury and a general verdict is returned, no one can say what credit and weight the jury gave to the confession. And in these circumstances this Court has uniformly held that even though? there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment because it violates the Due Process Clause of the Fourteenth Amendment.[15]

The admitted facts, set out above, make applicable the conclusion reached in Chambers v. Florida, 309 U. S. 227, 241: “Due process of law, preserved for all by our Constitution, commands that no such practice as that disclosed by this record shall send any accused to his death." The judgment must be reversed because of the admission in evidence of the coerced confession. It is therefore unnecessary at this time for us to discuss or decide the other question presented by petitioner — whether the overruling of his motion to quash the panel of petit jurors upon the ground that Negroes were systematically excluded, or their number limited, in the selection of the jury panel denied him the equal protection of the laws under the[*569] Fourteenth Amendment — for we will not assume that the same issue will be present upon a new trial.

The judgment is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.

Reversed.

1

See, e. g., Brown v. Mississippi, 297 U. S. 278; Chambers v. Florida, 309 U. S. 227; Lisenba v. California, 314 U. S. 219; Ashcraft v. Tennessee, 322 U. S. 143; Malinski v. New York, 324 U. S. 401; Haley v. Ohio, 332 U. S. 596; Watts v. Indiana, 338 U. S. 49; Stroble v. California, 343 U. S. 181; Leyra v. Denno, 347 U. S. 556;[*562] Fikes v. Alabama, 352 U. S. 191. These cases illustrate the settled view of this Court that the admission in evidence over objection of a coerced confession vitiates a judgment of conviction.

3

Lisenba v. California, supra, at 237-238. See also Brown v. Mississippi, supra, at 278; Chambers v. Florida, supra, at 228-229; Haley v. Ohio, supra, at 599; Watts v. Indiana, supra, at 50.

4

Petitioner was mentally dull and “slow to learn” and was in the fifth grade when he became 15 years of age. Because of his age he was arbitrarily promoted to the seventh grade and soon thereafter quit school.

5

Ark Stat., 1947, § 43-403.

6

Ark. Stat., 1947, §43-601.

7

Ark. Stat., 1947, §43-605.

8

His shoes and socks had been taken from him for laboratory examination of suspected bloodstains.

9

Petitioner took the stand both on the hearing of the motion to suppress the confession, which was held in chambers outside the presence of the jury, and upon the trial before the jury.

10

The chief of police testified:

“Q. When did the defendant first tell you he was going to confess? A. Approximately 1:00 P. M. on the afternoon of the 7th.
“Q. Now where were you at the time? A. At the time that he told me he was ready to confess he was in the jail in an upstairs cell and I was standing outside of the cell talking to him.
“Q. Were any other officers present? A. There was not.
“Q. State whether or not anything was said to the defendant to the effect that there would be 30 or 40 people there in a few minutes that wanted to get him? A. I told him that would be possible there would be that many — it was possible there could be that many.
“Q. Did you promise the defendant that he would have an opportunity to confess in private? A. I did.
“Q. Did you then go down to your office? A. We did.”
11

The cases of Chambers v. Florida, supra, at 240; Lisenba v. California, supra, at 237, 240; Haley v. Ohio, supra, at 600; Ashcraft v. Tennessee, supra, at 154; and Ward v. Texas, 316 U. S. 547, 555, all announce the same principle.

13

Watts v. Indiana, supra, at 53.

14

Lisenba v. California, supra, at 236; Lyons v. Oklahoma, 322 U. S. 596, 605.

15

Watts v. Indiana, supra, at 50; Malinski v. New York, supra, at 404; Lyons v. Oklahoma, supra, at 597. Stein v. New York, 346 U. S. 156, is not to the contrary, for in that case this Court did not find that the confession was coerced. Indeed it was there recognized that when “the ruling admitting the confession is found on review to be erroneous, the conviction, at least normally, should fall with the confession. . . . [Jtjeliance on a coerced confession vitiates a conviction because such a confession combines the persuasiveness of apparent conclusiveness with what judicial experience shows to be illusory and deceptive evidence. A forced confession is a false foundation for any conviction ....’’ Id., at 191-192.

Concurrence

Mr. Justice Harlan,

concurring.

I join in the reversal of the judgment in this case because the Police Chief's testimony, quoted in footnote 10 of the Court’s opinion, seems to me to require acceptance of petitioner’s claim that his confession was induced through fear of mob violence.

Mr. Justice Burton, on this record, would accept the conclusion of the state court and jury that petitioner’s confession was voluntary. Therefore, he would affirm the judgment rendered. See his dissent in Moore v. Michigan, 355 U. S. 155, 165.

Dissent

Mr. Justice Clark,

dissenting.

I believe that on this record the state courts properly held petitioner’s confession voluntary. Moreover, even if the confession be deemed coerced, there is sufficient other evidence of guilt to sustain the conviction on the authority of Stein v. New York, 346 U. S. 156, 188-194 (1953). Just five years ago this Court established in Stein that there was no constitutional error “if the jury admitted and relied on the confession,” or “rejected it and convicted on other evidence.” 346 U. S., at 193-194. For purpose of making the latter determination, this Court assumed there that the confession was found coerced by the jury. It makes no difference that the determination of coercion here is by this Court rather than by the jury, for as is evident from the majority[*570] opinion, the inquiry is the same — whether the confession was coerced. I must apply the Stein rule here because the Arkansas procedure on admission of challenged confessions is identical to that which we approved in that case. See Nolan v. State, 205 Ark. 103, 104, 167 S. W. 2d 503-504; Dinwiddie v. State, 202 Ark. 562, 570, 151 S. W. 2d 93, 95-96.