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Case Vs. Nebraska

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  • US Supreme Court
  • May 24, 1965

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67 entries 14 linked 53 unlinked
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  1. Young Vs. Ragen US Supreme Court · Jun 06, 1949
    Relied / Followed
  2. Cochran Vs. Kansas US Supreme Court · May 11, 1942
  3. Dowd Vs. Cook US Supreme Court · Jan 02, 1951
  4. Hawk Vs. Olson US Supreme Court · Nov 13, 1945
  5. Moore Vs. Dempsey US Supreme Court · Feb 19, 1923
  6. Mooney Vs. Holohan US Supreme Court · Jan 21, 1935
  7. New York Ex Rel. Whitman Vs. Wilson US Supreme Court · Apr 12, 1943
  8. Carter Vs. Illinois US Supreme Court · Dec 09, 1946
  9. Foster Vs. Illinois US Supreme Court · Jun 23, 1947
  10. Boles Vs. Stevenson US Supreme Court · Nov 16, 1964
  11. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  12. Townsend Vs. Sain US Supreme Court · Mar 18, 1963
  13. Frank Vs. Mangum US Supreme Court · Apr 12, 1915
  14. General Oil Co. Vs. Crain US Supreme Court · Mar 23, 1908
  15. U.S. 336 (1965) U.S. Supreme Court Case v. Nebraska
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  16. U.S. 336 (1965) Case v. Nebraska
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  17. of our passing upon the question. It should be pointed out, however, that, as early as 1949, this Court, in Young v. Ragen
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  18. Id. at 337 U. S. 239 . But compare Mooney v. Holohan
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  19. Miller v. State
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  20. N.C. 29, 51, 74 S.E.2d 513, 528 (1953). Nebraska is the seventh State to adopt such a statute since Young v. Ragen
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  21. The petitioner entered his plea of guilty on April 18, 1963, one month after this Court's decision in Gideon v. Wainwright
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  22. that the Court's practice has been to remit prisoners to their federal habeas corpus remedy. See, e.g., Jennings v. Illinois
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  23. strain on the federal writ and has brought about mounting friction between state and federal courts. See Henry v. Mississippi
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  24. that, if the evolution in the coverage of the Fourteenth Amendment and in the scope of federal habeas corpus, see Fay v. Noia
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  25. ventilated, making easier the task of the federal judge if the state prisoner pursued his cause further. See Townsend v. Sain
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  26. questions, because further evidentiary hearings on federal habeas corpus would, if the conditions of Townsend v. Sain
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  27. easily invoked. It should be sufficiently comprehensive to embrace all federal constitutional claims. In light of Fay v. Noia
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  28. supra, it should eschew rigid and technical doctrines of forfeiture, waiver, or default. See Douglas v. Alabama
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  29. and for compilation of a record to enable federal courts to determine the sufficiency of those hearings. Townsend v. Sain
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  30. they are made obligatory upon the States, all states, by way of the Fourteenth Amendment. For reference, see Gideon v. Wainwright
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  31. See Jackson v. Olson
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  32. In addition to this concession that the State provided no remedy whatever, petitioner cites Carlsen v. State
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  33. from custody. That is the ultimate sanction behind the due process requirement of state corrective process. See Dowd v. Cook
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  34. corrective judicial process to remedy federal constitutional defects in their criminal prosecutions, citing Frank v. Mangum
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  35. Taylor v. Alabama
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  36. involving criminal convictions, petitioner cites, as other applications of the general principle, General Oil Co. v. Crain
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  37. Kenney v. Supreme
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  38. Ward v. Board
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  39. Louis & S.F. R. Co., supra, and Testa v. Katt
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  40. and for the proposition that an unconstitutional denial of counsel is a jurisdictional defect, relies on Johnson v. Zerbst
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  41. Petitioner refers to Young v. Ragen
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  42. U.S. at 337 U. S. 239 . He also cites Jackson v. Denno
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  43. state courts are apparently broadening existing postconviction remedies by judicial construction. See, e.g., People v. Huntley
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  44. Banach v. Boles
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  45. Hunt v. Warden
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  46. C.A.4th Cir.) (discussing the expanding Maryland remedy). See also the views expressed in People v. Wilson
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  47. Donnell v. Nash
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  48. Cobb v. Balkcom
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  49. U.S. Supreme Court Case v. Nebraska
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  50. Gideon v. Wainwright
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