368 U.S. 908 (1961)

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U.S. Supreme Court

LYNUM v. ILLINOIS , 368 U.S. 908 (1961)

368 U.S. 908

Beatrice LYNUM, petitioner,
No. 80.

Supreme Court of the United States

November 13, 1961

Consideration of the petition for certiorari is deferred to accord counsel for petitioner opportunity to secure a certificate from the Supreme Court of Illinois as to whether the judgment herein was intended to rest on an adequate and independent state ground, or whether decision of the federal claim, identified in respondent's second response as having been asserting by the petitioner at pages 66-67 in her brief in the Supreme Court of Illinois, was necessary to the judgment rendered. Cf. Loftus v. People of State of Illinois, 334 U.S. 804; Herb v. Pitcairn, 324 U.S. 117.

Mr. Justice FRANKFURTER dissenting:

Petitioner was tried and convicted for the unlawful sale, dispensing, and possession of narcotics, and her conviction was affirmed, 21 Ill.2d 63, 171 N.E.2d 17. She seeks certiorari to review the judgment of the Illinois

Page 368 U.S. 908 , 909

Supreme Court, on the ground that incriminating statements drawn from her by threats and promises were used against her at trial in contravention of the Due Process Clause of the Fourteenth Amendment. 28 U.S.C. 1257, 28 U. S.C.A. 1257.

Rule 23, sudb. 1(f) of this Court, 28 U.S.C.A., requires that a petitioner, seeking review of a state court decision shall 'specify the stage in the proceedings in the court o first instance and in the appellate court, at which, and the manner in which, the federal questions sought to be reviewed were raised ....' There is no such specification in the present petition; it is merely asserted that the Supreme Court of Illinois 'overlooked the fact' that involuntary admissions are not competent evidence.

Respondent argues that certiorari should be denied for failure to comply with this Rule. Discovering that petitioner had invoked the Due Process Clause in her brief before the Illinois Supreme Court, this Court requested a response to this from Illinois. Respondent now urges that the Due Process Clause was not cited until appeal, that the Illinois Supreme Court does not determine constitutional questions unless they have been specifically raised at trial, and that the judgment was accordingly based on an adequate and independent ground of state law.

The opinion of the Illinois Court does not mention the claim of involuntary admissions. It expressly rejects a claim that petitioner was surprised by their introduction without proper statutory notice, and concludes with an omniumgatherum clause, 'We have examined numerous other allegations of error and find that they are of insufficient merit of justify further discussion. Suffice it to say that, on the entire record, the defendant received a fair trial and was proved guilty beyond a reasonable doubt.' A petition for rehearing, assigning the admission of the statements as error and citing Brown v. State of Mississippi, 297 [368 U.S. 908 , 910]

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