Felix Frankfurter

“ If a state, whether by the active conduct or the connivance of the prosecution, obtains a conviction through the use of perjured testimony, it violates civilized standards for the trial of guilt or innocence and thereby deprives an accused of liberty without due process of law. ”

“ The decisions of that Court show that a naked allegation that a constitutional right has been invaded is not sufficient. A petitioner must 'make a full disclosure of the specific facts relied on', and not merely his conclusions 'as to the nature and effect of such facts'. The proof must enable the appellate court to 'ascertain whether, under settled principles pertaining to such writ, the facts alleged would afford, at least prima facie just ground for an application to the lower court for a writ of error coram nobis.' Washington v. ”

“ It must also be borne in mind that if the proof accompanying a petition for leave to apply for a writ of error coram nobis had to be so full as to establish conclusively the truth of the allegations, petitioners who required the amplifying or corroborative evidence of inaccessible or unwilling witnesses would be effectively barred from access to this remedy, for they would never have the opportunity to utilize the compulsory process which a trial of the facts would afford. ”

“ The application denied by the Supreme Court of Florida alleges that Tyler and Baker, the accomplices in the murder for which Hysler was convicted, confessed and gave false testimony against Hysler because they were 'coerced, intimidated, beaten, threatened with violence and otherwise abused and mistreated,' and because they were promised life sentences instead of the electric chair. Sworn statements of Baker made in a state prison in the presence of prison officials were presented in support of these allegations, as were corroborative affidavits of four others. ”

“ Vindication of Constitutional rights under the Due Process Clause does not demand uniformity of procedure by the forty-eight States. Each State is free to devise its own way of securing essential justice in these situations. ”

“ Each State may decide for itself whether, after guilt has been determined by the ordinary processes of trial and affirmed on appeal, a later challenge to its essential justice must come in the first instance, or even in the last instance, before a bench of judges rather than before a jury. ”

“ Equally offensive to the Constitutional guarantees of liberty are confessions wrung from an accused by overpowering his will, whether through physical violence or the more subtle forms of coercion commonly known as 'the third degree'. Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682; Chambers v. Florida, 309 U.S. 227, 60 S.Ct. 472, 84 L.Ed. 716; Lisenba v. California, 314 U.S. 219, 62 S.Ct. 280, 86 L.Ed. --. In this collateral attack upon the judgment of conviction, the petitioner bases his claim on the recantation of one of the witnesses against him. ”

“ And for further reason that said affidavits show that the said petitioner was not implicated in the murder of the said Mrs. Mamie Surrency but that one Joe Peterson, Sr. was the person implicated in said murder and not the petitioner, Clyde Hysler, all of which is set out herein more fully in the affidavits herein above referred to and further substantiated by photostatic copies of the following affidavits, to-wit; affidavit of one Ed. Mosley; affidavit of one A. J. Mooney ”

“ Surrancy they would probably have still been living and we would not be in any trouble.
'Q. Now Baker, I don't want you to tell me anything except the truth, I want you to tell me if Joe Peterson was the man that got you into all of this instead of Clyde Hysler. A. Yes, sir, he is the man.
'Q. Then you and Alvin Tyler planned to lay this all on Clyde Hysler in order to try to get out of it yourself or to get a life sentence instead of the chair? A. Yes, sir. ”

“ Notes
↑ In denying Hysler's application the Supreme Court of Florida specifically stated the that it was taking judicial cognizance of its own records. 146 Fla. 593, 594, 595, 1 So.2d 628.↑ 'Q. Then it was a definite promise from Mr. Harrell, the State's Attorney to keep you from burning? A. He said that he would see that I would get life, but that he would see that I didn't stay at the chain gang but three years.↑ 'Q. Now what threats or promises did they make you to testify and implicate Clyde Hysler? ”

“ A. Mr. Woods, R. L. Woods, and Mr. Carson slapped me two or three times and gave them the black jack to beat me with. * * *
'Q. That was in the presence of Mr. Woods, Carson and Acosta? A. Yes, sir.
'Q. That was to try to make you implicate Mr. Hysler in the robbery of Mr. Surrency and Mrs. Surrency? A. Yes, sir.
'Q. And if it hadn't been for the beatings and threats and the promises to get you out of here in three years as you have stated above would you have implicated Mr. Hysler in the case at all? A. No, sir, cause I told them I didn't no anything about it; and another thing, between Mr. ”