Jackie Lee Sessions, and v. Lawrence E. Wilson, Warden California State Prison, San Quentin, California, And

In January, 1957, in the Kern County, California Superior Court, Jackie Lee Sessions was convicted on his plea of guilty to the crime of armed robbery. Sessions, then eighteen years of age, was sentenced to imprisonment for from five years to life, and is presently confined at California State Prison, San Quentin, California. On January 13, 1966, he applied to the district court for a writ of habeas corpus. The application was denied, without hearing, on the day it was filed. Sessions appeals.

Sessions alleged in his application that he was interrogated while in police custody without being informed of his right to remain silent and his right to the assistance of counsel, that his request for such assistance at that time was denied, and that during the course of that interrogation the police officers made certain promises and threats. 1 Sessions alleged that, as a result of this interrogation, he involuntarily made certain incriminating statements which were testified to by police officers at his preliminary hearing. He also alleged that, as a result of this interrogation, he involuntarily signed a confession which was introduced in evidence at his preliminary hearing.

Sessions…

(dissenting):

I concurred in the majority opinion filed November 28, 1966. At this late date, January 30, 1967, I have decided that I should dissent.

Sessions here entered a plea of guilty. He now claims that events transpiring before he entered the plea were such that duress was placed upon him. The majority holds that appellant has alleged suf *371 ficient facts indicating coercion that he should have been given a hearing. I disagree.

Appellant contends that the circumstances of his age (18) and the promises that he alleges the police made him (that they would see that the judge went easy on him and that no charge of burglary would be made) constituted coercion. Appellant correctly maintains that one test in determining whether a confession has been coerced is to ask if the accused’s will was “overborne” at the time he confessed, Leyra v. Denno, 347 U.S. 556 , 74 S.Ct. 716 , 98 L.Ed. 948 . He is not able, however, to bring his own situation within the facts of the “coercion” cases that he claims are controlling. He does not say he was irrational as was the defendant in Blackburn v. State of Alabama, 361 U.S. 199 , 80 S.Ct. 274 , 4 L.Ed.2d 242 ; no threats of retribution…

372 F.2d 366 Jackie Lee SESSIONS, Petitioner and Appellant, v. Lawrence E. WILSON, Warden California State Prison, San Quentin, California, Respondent and Appellee. No. 20861. United States Court of Appeals Ninth Circuit. Nov. 28, 1966, Dissenting Opinion Jan. 30, 1967. Jackie Lee Sessions, in pro. per. Thomas C. Lynch, Atty. Gen. of Cal., Robert R. Granucci and Jackson L. Smith, Deputy Attys. Gen., San Francisco, Cal., for appellee. Before CHAMBERS, HAMLEY and CECIL, * Circuit Judges. HAMLEY, Circuit Judge: 1 In January, 1957, in the Kern County, California Superior Court, Jackie Lee Sessions was convicted on his plea of guilty to the crime of armed robbery. Sessions, then eighteen years of age, was sentenced to imprisonment for from five years to life, and is presently confined at California State Prison, San Quentin, California. On January 13, 1966, he applied to the district court for a writ of habeas corpus. The application was denied, without hearing, on the day it was filed. Sessions appeals. 2 Sessions alleged in his application that he was interrogated while in police custody without being informed of his right to remain silent and his right to the assistance of counsel,…