townsend
sain
argued
february
decided
march
jury
trial
state
petitioner
convicted
murder
sentenced
death
exhausting
state
remedies
petitioned
federal
district
writ
habeas
corpus
claiming
conviction
violated
fourteenth
amendment
admission
evidence
confession
obtained
influence
drugs
including
truth
serum
administered
police
physician
although
evidence
conflicting
state
filed
opinion
conclusions
law
findings
fact
respondents
conceded
district
dispute
existed
whether
drug
administered
petitioner
truth
serum
effects
whether
facts
bearing
questions
concealed
hearing
admissibility
confession
nevertheless
district
denied
petitioner
opportunity
call
witnesses
produce
evidence
support
allegations
dismissed
petition
ground
satisfied
records
decision
state
holding
confession
given
freely
voluntarily
correct
denial
federal
due
process
law
appeals
affirmed
held
record
case
district
erred
denying
writ
habeas
corpus
without
plenary
evidentiary
hearing
pp
petition
habeas
corpus
alleged
deprivation
constitutional
rights
petitioner
confession
constitutionally
inadmissible
adduced
police
questioning
period
petitioner
overborne
drug
properties
truth
serum
pp
application
state
prisoner
federal
writ
habeas
corpus
alleges
facts
proved
entitle
relief
federal
application
made
power
receive
evidence
try
facts
anew
pp
facts
dispute
federal
district
must
grant
evidentiary
hearing
merits
factual
dispute
resolved
state
hearing
either
time
trial
collateral
proceeding
state
factual
determination
fairly
supported
record
whole
procedure
employed
state
adequate
afford
full
fair
hearing
substantial
allegation
newly
discovered
evidence
material
facts
adequately
developed
hearing
reason
appears
state
trier
fact
afford
applicant
full
fair
fact
hearing
pp
state
trier
fact
made
express
findings
district
must
hold
evidentiary
hearing
state
decide
issues
fact
tendered
state
applied
incorrect
standard
constitutional
law
reason
district
unable
reconstruct
relevant
findings
state
trier
fact
pp
federal
district
must
carefully
scrutinize
record
order
determine
whether
factual
determinations
state
fairly
supported
record
even
relevant
facts
presented
hearing
federal
judge
duty
disregard
state
findings
take
evidence
anew
procedure
employed
state
appears
seriously
inadequate
ascertainment
truth
newly
discovered
evidence
reasonably
presented
state
alleged
federal
must
grant
evidentiary
hearing
unless
allegation
newly
discovered
evidence
irrelevant
frivolous
incredible
reason
attributable
inexcusable
neglect
applicant
evidence
crucial
adequate
consideration
constitutional
claim
developed
state
hearing
federal
must
grant
evidentiary
hearing
duty
try
facts
anew
exists
every
case
state
full
hearing
reliably
found
relevant
facts
pp
cases
material
facts
dispute
holding
evidentiary
hearing
discretion
federal
district
judge
state
reliably
found
relevant
facts
federal
district
judge
may
defer
state
findings
fact
may
defer
state
findings
law
district
sitting
habeas
corpus
power
compel
production
complete
record
hold
evidentiary
hearing
forthwith
without
compelling
production
pp
rests
largely
federal
district
judges
give
practical
form
principles
make
proper
accommodation
competing
factors
involved
case
appeals
erred
holding
habeas
corpus
district
inquiry
limited
study
undisputed
portions
record
pp
circumstances
case
district
judge
held
evidentiary
hearing
reconstruct
relevant
findings
state
trier
fact
characterization
drug
administered
truth
serum
brought
hearing
pp
record
competent
evidence
district
hearing
either
petitioner
state
may
rely
solely
upon
evidence
contained
record
george
leighton
reargued
cause
filed
brief
petitioner
edward
hladis
reargued
cause
respondents
brief
daniel
ward
chief
justice
warren
delivered
opinion
case
present
posture
raising
questions
right
plenary
hearing
federal
habeas
corpus
comes
us
tangle
prior
proceedings
petitioner
charles
townsend
tried
jury
murder
criminal
cook
county
illinois
trial
petitioner
counsel
public
defender
objected
introduction
confession
ground
product
coercion
hearing
held
outside
presence
jury
trial
judge
denied
motion
suppress
later
admitted
confession
evidence
evidence
relating
issue
voluntariness
introduced
jury
charge
permitted
disregard
confession
found
involuntary
illinois
law
admissibility
confession
determined
solely
trial
judge
question
voluntariness
bears
issue
credibility
may
also
presented
jury
see
people
schwartz
people
roach
jury
found
petitioner
guilty
affixed
death
penalty
verdict
illinois
affirmed
conviction
two
justices
dissenting
people
townsend
denied
writ
certiorari
petitioner
next
sought
collateral
relief
illinois
state
courts
cook
county
criminal
dismissed
petition
without
holding
evidentiary
hearing
illinois
order
affirmed
holding
issue
coercion
res
judicata
denied
certiorari
issue
coercion
pressed
stages
proceedings
thoroughly
exhausted
state
remedies
townsend
petitioned
habeas
corpus
district
northern
district
illinois
considering
pleadings
filed
course
proceeding
opinion
illinois
rendered
direct
appeal
denied
writ
appeals
seventh
circuit
dismissed
appeal
however
granted
petition
certiorari
vacated
judgment
remanded
decision
whether
light
record
plenary
hearing
required
remand
district
held
hearing
dismissed
petition
finding
justice
served
ordering
full
hearing
awarding
relief
sought
petitioner
judge
stated
satisfied
records
decision
state
courts
holding
challenged
confession
freely
voluntarily
given
petitioner
correct
denial
federal
due
process
law
appeal
appeals
concluded
habeas
corpus
district
inquiry
limited
study
undisputed
portions
record
undisputed
portions
record
showed
deprivation
constitutional
rights
granted
certiorari
determine
whether
courts
correctly
determined
applied
standards
governing
hearings
federal
habeas
corpus
case
first
argued
october
term
two
justices
unable
participate
decision
subsequently
ordered
reargued
us
decision
undisputed
evidence
adduced
hearing
motion
suppress
showed
following
petitioner
arrested
chicago
police
shortly
new
year
day
received
information
one
campbell
custody
robbery
petitioner
connected
robbery
murder
jack
boone
chicago
victim
case
townsend
years
old
time
confirmed
heroin
addict
user
narcotics
since
age
influence
dose
heroin
administered
approximately
one
hours
arrest
practice
take
injections
three
five
hours
apart
petitioner
taken
second
district
police
station
shortly
arrival
questioned
period
variously
fixed
two
hours
period
denied
committing
crimes
thereafter
taken
district
station
remained
without
questioned
evening
time
returned
second
district
station
placed
several
men
viewed
one
anagnost
victim
another
robbery
anagnost
identified
another
man
rather
petitioner
assailant
scuffle
ensued
details
disputed
petitioner
police
following
incident
petitioner
subjected
questioning
interrogated
less
regularly
police
officers
time
assistant
state
attorney
arrived
time
shortly
nine
arrival
state
attorney
petitioner
complained
officer
cagney
pains
stomach
suffering
withdrawal
symptoms
wanted
doctor
need
dose
narcotics
petitioner
clutched
convulsively
stomach
number
times
cagney
aware
petitioner
narcotic
addict
telephoned
police
physician
dispute
state
attorney
prosecution
witnesses
whether
questioning
continued
doctor
arrived
cagney
testified
state
attorney
contrary
event
withdrawal
symptoms
commenced
appears
petitioner
unresponsive
questioning
doctor
appeared
presence
officer
cagney
gave
townsend
combined
dosage
injection
phenobarbital
hyoscine
hyoscine
scopolamine
claimed
petitioner
proceeding
properties
truth
serum
doctor
also
left
petitioner
four
five
tablets
phenobarbital
townsend
told
take
two
evening
remainder
following
day
doctor
testified
medications
given
petitioner
purpose
alleviating
withdrawal
symptoms
police
officers
state
attorney
testified
know
doctor
given
petitioner
doctor
departed
medication
alleviated
discomfort
withdrawal
symptoms
petitioner
promptly
responded
questioning
events
succeeding
point
time
january
testimony
prosecution
witnesses
petitioner
irreconcilably
conflicts
however
purposes
proceeding
sides
agree
following
occurred
doctor
left
officer
fitzgerald
assistant
state
attorney
joined
officer
cagney
room
petitioner
questioned
minutes
went
another
room
reporter
took
petitioner
statements
state
attorney
turned
questioning
boone
case
less
nine
minutes
full
confession
transcribed
questioning
terminated
petitioner
returned
cell
following
day
saturday
january
petitioner
taken
office
prosecutor
assistant
state
attorney
read
petitioner
signed
transcriptions
statements
made
night
townsend
experienced
discomfort
sunday
evening
doctor
summoned
gave
petitioner
tablets
phenobarbital
monday
january
townsend
taken
coroner
inquest
called
witness
stand
state
advised
right
testify
confessed
time
inquest
petitioner
without
counsel
public
defender
appointed
represent
arraignment
january
petitioner
testified
motion
suppress
following
version
detention
initially
questioned
second
district
police
station
period
excess
two
hours
upon
return
district
anagnost
robbery
victim
viewed
identified
another
person
assailant
officer
cagney
accompanied
anagnost
hall
told
identified
wrong
person
another
officer
entered
room
hit
petitioner
stomach
stated
petitioner
knew
robbed
anagnost
petitioner
fell
floor
vomited
water
little
blood
officer
cagney
spoke
townsend
minutes
later
townsend
told
sick
use
drugs
cagney
offered
call
doctor
petitioner
cooperate
tell
truth
boone
murder
five
minutes
later
officer
changed
tack
told
petitioner
thought
innocent
call
doctor
implying
doctor
give
narcotic
doctor
gave
petitioner
injection
arm
five
pills
townsend
took
three
immediately
although
felt
better
felt
dizzy
sleepy
distance
vision
impaired
anagnost
brought
room
petitioner
asked
someone
tell
anagnost
robbed
petitioner
admitted
robbery
next
thing
knew
sitting
desk
fell
asleep
awakened
handed
pen
signed
name
believing
going
released
bond
townsend
taken
cell
later
taken
back
room
see
lot
lights
flickering
someone
told
hold
head
went
minute
petitioner
taken
back
cell
next
morning
petitioner
head
much
clearer
although
really
remember
occurred
following
injection
previous
evening
officer
told
petitioner
confessed
townsend
taken
room
asked
number
robberies
murders
believe
said
yes
hear
well
felt
sleepy
afternoon
taken
remainder
phenobarbital
pills
taken
office
state
attorney
half
asleep
signed
another
paper
although
aware
contents
doctor
gave
six
seven
pills
different
color
sunday
evening
took
immediately
kept
awake
night
following
monday
morning
took
pills
later
day
taken
coroner
inquest
testified
inquest
officers
told
essentially
prosecution
witnesses
contradicted
testified
petitioner
questioned
initially
hour
scuffled
man
identified
anagnost
officer
vomited
officers
assistant
state
attorney
also
testified
petitioner
appeared
awake
coherent
throughout
evening
january
relevant
times
thereafter
taken
pills
given
doctor
evening
stated
petitioner
appeared
follow
statement
signed
read
state
attorney
office
finally
denied
threats
promises
sort
made
townsend
told
testify
coroner
inquest
stated
counsel
provided
inquest
considerable
testimony
motion
suppress
concerning
probable
effects
hyoscine
phenobarbital
mansfield
prescribed
petitioner
evening
first
confessed
testified
prosecution
stated
full
therapeutic
dose
hyoscine
grain
gave
townsend
grain
phenobarbital
reacts
well
combined
hyoscine
want
quiet
person
combination
pacify
effect
mind
dosage
administered
put
person
sleep
cause
amnesia
impairment
eyesight
mental
condition
doctor
denied
administered
truth
serum
however
disclose
hyoscine
scopolamine
latter
familiarly
known
truth
serum
petitioner
expert
doctor
physiology
pharmacology
toxicology
formerly
senior
toxicological
chemist
cook
county
time
trial
professor
pharmacology
chemotherapy
toxicology
loyola
university
school
medicine
testified
effect
injection
upon
hypothetical
subject
obviously
petitioner
expert
stated
effect
prescribed
dosage
hyoscine
upon
subject
assumed
narcotic
addict
nature
range
absolute
sleep
drowsiness
one
extreme
extreme
incorporate
complete
disorientation
excitation
assuming
subject
took
phenobarbital
injection
orally
time
expert
stated
depressive
effect
accentuated
expert
testified
subject
suffer
partial
total
amnesia
five
eight
hours
loss
near
vision
four
six
hours
trial
judge
summarily
denied
motion
suppress
later
admitted
reporter
transcription
confession
evidence
made
findings
fact
wrote
opinion
stating
grounds
decision
thereafter
purpose
testing
credibility
confession
evidence
relating
coercion
placed
jury
time
additional
noteworthy
testimony
elicited
identity
hyoscine
scopolamine
established
mention
drug
properties
truth
serum
made
expert
witness
called
prosecution
testified
townsend
low
intelligence
near
mental
defective
little
moron
townsend
testified
officers
slapped
several
occasions
threatened
shoot
finally
officer
corcoran
testified
friday
evening
doctor
arrival
townsend
confessed
boone
assault
robbery
response
question
propounded
officer
cagney
presence
officers
fitzgerald
martin
although
corcoran
cagney
martin
testified
extensively
motion
suppress
none
mentioned
confession
furthermore
townsend
officer
fitzgerald
motion
suppress
flatly
said
statement
made
doctor
arrived
although
three
officers
testified
trial
one
asked
corroborate
phase
corcoran
testimony
established
homicide
occurred
december
essentially
evidence
connected
petitioner
crime
confession
testimony
campbell
probation
robbery
pathologist
performed
autopsy
boone
campbell
testified
middle
december
seen
townsend
walking
street
vicinity
murder
brick
hand
unable
fix
exact
date
know
boone
murder
time
far
testimony
revealed
reason
suspect
townsend
done
anything
unlawful
previous
meeting
pathologist
testified
death
caused
severe
blow
top
boone
head
contrary
statement
opinion
illinois
direct
appeal
testimony
wounds
located
manner
inflicted
blow
house
brick
event
characterized
evidence
meagre
noted
brought
campbell
informed
defendant
obtain
release
custody
prior
petitioner
trial
campbell
placed
probation
robbery
justice
schaefer
joined
chief
justice
klingbiel
dissent
found
campbell
testimony
inherently
incredible
theory
petitioner
application
habeas
corpus
rest
upon
allegations
physical
coercion
rather
relied
upon
hitherto
undisputed
testimony
alleged
petitioner
vomited
water
blood
police
station
became
ill
withdrawal
narcotics
scopolamine
truth
serum
fact
brought
motion
suppress
trial
scopolamine
either
alone
combined
phenobarbital
proper
medication
narcotic
addict
effect
intravenous
injection
hyoscine
phenobarbital
produce
physiological
psychological
condition
adversely
affecting
mind
psychic
effect
removes
subject
thus
injected
scope
reality
person
treated
removed
contact
environment
able
see
feel
properly
loses
proper
use
hearing
sense
perception
ability
withstand
interrogation
police
doctor
willfully
suppressed
information
information
identity
hyoscine
scopolamine
knowledge
things
intention
inject
hyoscine
purpose
producing
townsend
physiological
psychological
state
susceptible
interrogation
resulting
confessions
injection
caused
townsend
confess
evening
january
immediately
injection
scopolamine
petitioner
confessed
three
murders
one
robbery
murder
boone
robbery
anagnost
although
mention
confessions
trial
confession
anagnost
robbery
specifically
testified
initially
answer
respondents
stated
respondents
admit
factual
allegations
petition
well
pleaded
deny
petitioner
held
custody
respondents
violation
constitution
laws
however
course
first
argument
district
appeared
respondents
admitted
nothing
alleged
petition
merely
took
position
petition
face
insufficient
entitle
townsend
either
hearing
release
course
second
argument
remand
respondents
admitted
allegations
petition
taken
true
petitioner
entitled
relief
seeks
townsend
confessed
least
five
crimes
injection
hyoscine
respondents
denied
petitioner
adversely
influenced
hyoscine
administration
extent
confession
obtained
involuntarily
hyoscine
truth
serum
police
surgeon
prosecution
concealed
pertinent
material
relevant
facts
hyoscine
improper
medication
circumstances
despite
respondents
concession
dispute
facts
existed
district
judge
denied
townsend
opportunity
call
witnesses
produce
evidence
support
allegations
dismissed
petition
granted
recent
petition
certiorari
requested
respondents
submit
additional
response
directed
certain
allegations
petition
habeas
corpus
respondents
submitted
additional
answer
petition
habeas
corpus
admitted
townsend
made
confessions
immediately
injection
drugs
specifically
admitted
petitioner
confessed
robberies
anagnost
one
joseph
martin
murders
boone
thomas
johnson
johnny
stinson
willis
thompson
additional
answer
revealed
following
additional
information
respecting
townsend
confessions
crimes
anagnost
identified
another
person
rather
petitioner
assailant
thomas
johnson
death
stated
injury
accident
assistant
state
attorney
even
bother
transcribe
townsend
statement
respect
thompson
murder
defendant
recall
details
assault
led
death
thompson
coroner
inquest
deputy
coroner
noted
townsend
unable
remember
even
committed
crime
officer
cagney
complained
given
credit
despite
circumstances
made
conviction
anagnost
robbery
johnson
thompson
murders
best
remote
possibility
petitioner
indicted
crimes
confessed
however
jury
trial
acquitted
murder
johnny
stinson
day
sentenced
death
boone
murder
motion
prosecutor
indictments
murders
johnson
thompson
robberies
anagnost
martin
dismissed
although
petition
habeas
corpus
contains
allegations
constitute
claim
police
doctor
trial
perjured
heart
townsend
claim
confession
inadmissible
simply
caused
injection
hyoscine
must
first
determine
whether
petitioner
allegations
proved
establish
right
release
numerous
decisions
established
standards
governing
admissibility
confessions
evidence
individual
overborne
confession
product
rational
intellect
free
confession
inadmissible
coerced
standards
applicable
whether
confession
product
physical
intimidation
psychological
pressure
course
equally
applicable
statement
difficult
imagine
situation
confession
less
product
free
intellect
less
voluntary
brought
drug
effect
truth
serum
significant
drug
may
administered
questions
asked
persons
unfamiliar
hyoscine
properties
truth
serum
properties
exist
questioning
police
officers
fact
produces
confession
product
free
intellect
renders
confession
inadmissible
usually
stated
test
see
stroble
california
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