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United States of America ex rel. Samuel Stokes, C-6867 v. Joseph Brierley, Supt

UNITED STATES of America Ex Rel. Samuel STOKES, C-6867, Appellant, v. Joseph BRIERLEY, Supt.

United States ex rel. Samuel Stokes, C-6867 v. Brierley, 467 F.2d 572 (3d Cir. 1972)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
September 29, 1972
Docket
No. 72-1015
Judges
McLaughlin, Adams, Gibbons
Citations
467 F.2d 572

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM:

This is an appeal from the denial of a writ of habeas corpus. The petitioner is presently incarcerated in a state correctional institution serving a life sentence imposed following a conviction by a jury of first-degree murder. An appeal from the conviction was taken to the Supreme Court of Pennsylvania, which affirmed. Commonwealth v. Stokes, 409 Pa. 268 , 186 A.2d 5 (1962). The petitioner then sought relief under the Pennsylvania Post-Conviction Hearing Act of 1966. Relief was denied by the Court of Common Pleas of Allegheny County, and the denial was affirmed by the Supreme Court of Pennsylvania. Commonwealth v. Stokes, 440 Pa. 642 , 270 A.2d 624 (1970).

A petition for habeas corpus was then filed in the district court on the ground that the confession introduced against petitioner at his original trial was coerced. The district judge carefully reviewed the entire record of the state proceedings, see Townsend v. Sain, 372 U.S. 293 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963), concluded that the confession was voluntary, and denied the petition for habeas corpus.

Based upon our own independent review of the record, we affirm the judgment of the district court.

An appropriate order will be entered.

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Cited by 0 cases

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Authorities cited 3

DepthCaseCited by
Townsend v. Sain, 372 U.S. 293 (1963) 3,785
Commonwealth v. Stokes, 186 A.2d 5 (Pa. 1962) 18
Commonwealth v. Stokes, 270 A.2d 624 (Pa. 1970) 1

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