Boulden v. Holman, 394 U.S. 478 (1969)

Boulden v. Holman

No. 644

Argued February 26, 1969
Decided April 2, 1969
394 U.S. 478

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Petitioner was convicted of first-degree murder and sentenced to death in accordance with the jury’s verdict. After the conviction was affirmed by the Alabama Supreme Court, petitioner requested federal habeas corpus relief on the ground that the introduction of a confession into evidence at his trial (which antedated Escobedo v. Illinois, 378 U.S. 478, and Miranda v. Arizona, 384 U.S. 436) violated his constitutional rights. After a full hearing, the District Court found the confession voluntary and the Court of Appeals affirmed. In his brief in this Court, petitioner raised the question whether the jury that sentenced him to death was selected in accordance with the principles recently announced in Witherspoon v. Illinois, 391 U.S. 510.

Held:

1. The lower courts’ holding that petitioner’s confession was voluntary is justified. Pp. 479-481.

2. Since several veniremen were excused for cause apparently because they voiced general objections to the death penalty, it appears that the sentence of death cannot constitutionally stand under Witherspoon, supra, and the cause is remanded to the District Court, where this belated issue may be fully considered. Pp. 481-484.

385 F.2d 102, vacated and remanded.