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Mcneal Vs. Culver

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  • US Supreme Court
  • Jan 23, 1961

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60 entries 5 linked 55 unlinked
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  1. Cash Vs. Culver US Supreme Court · Feb 24, 1959
  2. Edelman Vs. California US Supreme Court · Jan 12, 1953
  3. Betts Vs. Brady US Supreme Court · Jun 01, 1942
  4. Chandler Vs. Fretag US Supreme Court · Nov 08, 1954
  5. Swift Vs. Tyson US Supreme Court · Jan 01, 1842
    Distinguished
  6. U.S. 109 (1961) U.S. Supreme Court McNeal v. Culver
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  7. U.S. 109 (1961) McNeal v. Culver
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  8. Florida courts have held that, although one may be guilty of assault with intent to commit manslaughter, Lassiter v. State
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  9. Tillman v. State
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  10. Williams v. State
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  11. an accused while under arrest unless the State affirmatively shows that they were freely and voluntarily made. Louette v. State
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  12. Thomas v. State
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  13. actually exists under the Florida law, Williams v. State
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  14. French v. State
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  15. Farrell v. State
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  16. Such is the rule in those circumstances whether or not the accused requested the appointment of counsel. Uveges v. Pennsylvania
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  17. the opinion of the Court, I rest also on another ground for reversal. Nearly 19 years ago, the Court held in Betts v. Brady
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  18. who had no hand in fashioning the rule. I cannot believe that a majority of the present Court would agree to Betts v. Brady
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  19. were it here de novo, especially in light of our unanimous decision in Chandler v. Fretag
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  20. charged, but on the importance of the presence of counsel to an accused's right to a hearing. We relied on Powell v. Alabama
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  21. are at times caught in a tangle of laws that only an astute lawyer can resolve, as our own decisions show. Edwards v. California
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  22. Thompson v. Louisville
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  23. U. S. 199 . Page 365 U. S. 119 Betts v. Brady
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  24. was fundamental unfairness. We have set aside a number of convictions so obtained, as our recent decision in Cash v. Culver
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  25. afford to hire one. It is a burden placed on an accused solely by reason of his poverty. Its only sanction is Betts v. Brady
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  26. In Erie R. Co. v. Tompkins
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  27. U. S. 64 , Mr. Justice Brandeis, writing for the Court, overruled Swift v. Tyson
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  28. never been raised or argued, 304 U.S. at 304 U. S. 82 , 304 U. S. 87 , and asking that, before Swift v. Tyson
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  29. U.S. at 304 U. S. 88 . But the problems created under the regime of Swift v Tyson
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  30. were as abundantly clear to the Court from its screening of hundreds of cases as are those which Betts v. Brady
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  31. TO OPINION OF MR. JUSTICE DOUGLAS. In 1942, MR. JUSTICE Black appended to his dissenting opinion in Betts v. Brady
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  32. See State v. Reid
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  33. See Bibb County v. Hancock
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  34. Grecco v. Allen
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  35. See Calhoun v. Commonwealth
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  36. State v. Garcia
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  37. Carpenter v. Dane
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  38. capital cases). See Gilchrist v. State
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  39. See Kelley v. People
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  40. capital cases). See Watson v. State
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  41. as amended by Public Acts 1957, No. 256. See People v. Williams
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  42. See State v. Davis
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  43. See State v. Hudson
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  44. Lee v. Kindelan
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  45. capital cases). See State v. Hollman
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  46. See State v. Gomez
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  47. U.S. Supreme Court McNeal v. Culver
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  48. Lassiter v. State
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  49. Louette v. State
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  50. French v. State
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