Kenneth B. Simmons v. Lynn Bomar, Warden, Tennessee State Penitentiary
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Allan L. Robbins, Warden, Maine State Prison v. Kenneth MacKenzie (1st Cir. 1966)
- Consumer Credit Insurance Agency, Inc. v. United States (6th Cir. 1979)
- Lewis v. Cardwell (District Court, S.D. Ohio 1972)
- Mullane v. Kassinger (District Court, N.D. Ohio 2000)
- United States v. Lantrel Wilson (6th Cir. 2020)
- United States v. Erma Smith (6th Cir. 1978)
- Commonwealth v. Woods (Pa. Super. Ct. 1976)
- United States v. Frank Agosto (9th Cir. 1974)
- John Randolph Clarke v. W. S. Neil, Warden, Tennessee State Penitentiary (6th Cir. 1970)
- Commonwealth v. McCloskey (Pa. Super. Ct. 1970)
- Bumper v. North Carolina (Supreme Court of the United States 1968)
- Ghaster v. City of Rocky River (District Court, N.D. Ohio 2012)
- United States v. Fletcher (6th Cir. 2008)
- United States v. Charbonneau (District Court, S.D. Ohio 1997)
- United States v. Nembhard (District Court, E.D. Michigan 1980)
- United States v. Amos Annice Scott (6th Cir. 1978)
- United States v. Robert Ross McCaleb and Brenda Page (6th Cir. 1977)
- United States v. Lendale Hearn and Murray Taylor (6th Cir. 1974)
- Barry K. Leavitt v. Francis Howard, Warden, Adult Correctional Institution (1st Cir. 1972)
- Paprskar v. State (Tex. Crim. App. 1972)
- United States v. Lee Roy Thurman (6th Cir. 1971)
- Piazzola v. Watkins (5th Cir. 1971)
- State v. Turkal (Franklin County Municipal Court 1971)
- Piazzola v. Watkins (5th Cir. 1971)
- United States v. Rody Charles Grey, United States of America v. Norman Williams (6th Cir. 1970)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Petitioner-appellant is serving a sentence in the Tennessee State Penitentiary under a conviction for six separate offenses of burglary in the third degree. This appeal is from the judgment of the district court denying his application for writ of habeas corpus.
The facts are set forth in detail in the opinion of the Supreme Court of Ten *366 nessee, Simmons v. State of Tennessee, 210 Tenn. 443, 360 S.W.2d 10, and in the two opinions of District Judge William E. Miller, reported at 224 F.Supp. 633 and 230 F.Supp. 226.
The death of Lynn Bomar since the initiation of these proceedings has resulted in the substitution of Henry M. Heer, the present warden of the Tennessee State Penitentiary, as respondent-appel-lee.
The principal issue presented on this appeal is whether the arresting officers made an unlawful search in violation of the fourth and fourteenth amendments to the Constitution of the United States.
After extensive hearings of evidence, the district judge found that petitioner-appellant consented to the search of his trailer without a warrant. We hold that this finding of fact by the district judge is not “clearly erroneous”.’ Rule 52(a), Federal Rules of Civil Procedure.
Consent to a search, in order to be voluntary, must be unequivocal, specific and intelligently given, uncontaminated by any duress or coercion, and is not lightly to be inferred. United States v. Como, 340 F.2d 891 (C.A.2). The government has the burden of proving that such consent has been given. McDonald v. United States, 307 F.2d 272 (C.A.10); Judd v. United States, 190 F.2d 649 (C.A.D.C.). When these standards are met, it is well settled that a search may be made without a search warrant if voluntary consent has been given. United States v. Smith, 308 F.2d 657 (C.A.2), cert. denied, 372 U.S. 906, 83 S.Ct. 717, 9 L.Ed.2d 716; United States v. Jones, 204 F.2d 745 (C.A.7), cert. denied, 346 U.S. 854, 74 S.Ct. 67, 98 L.Ed. 368; Gatterdam v. United States, 5 F.2d 673 (C.A.6).
The judgment of the district court is affirmed.
The appreciation of the court is expressed to Mr. John P. Kiely of the Cincinnati Bar for his services as court-appointed attorney for appellant on this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.