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Supreme Court — Part 6
Page 61
61 / 108
No. 391.—Ocrosrr Tram, 1943.
On Writ of Certiorari to the
Supreme Court of the State
of Tennessee.
Petitioners,
State of Tennessee.
E. E. Ashcraft and John a
[May 1, 1944.]
Mr. Justice Jackson, dissenting.
A sovereign state is now before us, summoned on the charge that
is has obtained convictions by methods so unfair that a federal
court must set aside what the state courts have done. Heretofore
the state has had the benefit of a presumption of regularity and
legality. A confession made by one in custody heretofore has been
admissible in evidence unless it was proved and found that it was
obtained by pressures so strong that it was in fact involuntarily
meda that tha individual will of the nartionlar eonfacens had hacen
overcome by torture, mob violence, fraud, trickery, threats, or
promises. Even where there was excess and abuse of power on
the part of officers, the State still wag entitled to use the confession
if upon examination of the whole evidence it was found to nega-
tive the view that the accused had ‘‘so lost his freedom of action
that the statements made were not his but were the result of the
deprivation of his free choice to admit, to deny, or to refuse to
answer.’’ Lasenba v. California, 314 U.S, 219, 241.
In determining these issues of fact, respect for the sovereign
character of the several states always has constrained this Court
to give great weight to findings of fact of state courts. While we
have sometimes gone back of state court determinations to make
sure whether the guaranties of the Fourteenth Amendment have
or have not been violated, in close cases the decisions of state courts
have often been sufficient to tip the scales in favor of affirmance.
Lisenba v. California, supra, 238, 239; Buchalier v. New York,
319 U. 8. 427, 431; ef. Aftk Wagon Drivers Union v. Meadow-
moor Dairies, 312 U. 8, 287; 294.
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