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Pointer Vs. Texas
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- US Supreme Court
- Apr 05, 1965
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U.S. 400 (1965) U.S. Supreme Court Pointer v. TexasSearch
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U.S. 400 (1965) Pointer v. TexasSearch
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Two years ago, in Gideon v. WainwrightSearch
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him at the preliminary hearing unconstitutionally denied him the assistance of counsel within the meaning of Gideon v. WainwrightSearch
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supra. In making that argument, petitioner relies mainly on White v. MarylandSearch
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the crime at a preliminary hearing, where he was without counsel. Since the preliminary hearing there, as in Hamilton v. AlabamaSearch
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which we decide here. I The Sixth Amendment is a part of what is called our Bill of Rights. In Gideon v. WainwrightSearch
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U.S. at 372 U. S. 342 . And last Term, in Malloy v. HoganSearch
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U.S. at 378 U. S. 6 . See also Murphy v. WaterfrontSearch
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Brief any citation in this list with AI Studio
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emphasized the necessity for cross-examination as a protection for defendants in criminal cases. This Court, in Kirby v. UnitedSearch
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Mr. Justice Stone, writing for the Court in Alford v. UnitedSearch
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And, in speaking of confrontation and cross-examination, this Court said in Greene v. McElroySearch
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U.S. at 333 U. S. 273 (footnote omitted). And earlier this Term, in Turner v. LouisianaSearch
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Compare Willner v. CommitteeSearch
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S. 96 , 373 U. S. 103 -104. Page 380 U. S. 406 We are aware that some cases, particularly West v. LouisianaSearch
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not apply to trials in state courts, on the ground that the entire Sixth Amendment does not so apply. See also Stein v. NewSearch
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York, 346 U. S. 156 , 346 U. S. 195 -196. But, of course, since Gideon v. WainwrightSearch
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longer can broadly be said that the Sixth Amendment does not apply to state courts. And, as this Court said in Malloy v. HoganSearch
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to give a defendant charged with crime an opportunity to cross-examine the witnesses against him. See, e.g., Dowdell v. UnitedSearch
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Motes v. UnitedSearch
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Kirby v. UnitedSearch
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Mattox v. UnitedSearch
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States, 156 U. S. 237 , 156 U. S. 242 -243. Cf. Hopt v. UtahSearch
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Queen v. HepburnSearch
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U. S. 295 . This Court has recognized the admissibility against an accused of dying declarations, Mattox v. UnitedSearch
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U. S. 151 , and of testimony of a deceased witness who has testified at a former trial, Mattox v. UnitedSearch
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States, 156 U. S. 237 , 156 U. S. 240 -244. See also Dowdell v. UnitedSearch
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had been represented by counsel who had been given a complete and adequate opportunity to cross-examine. Compare Motes v. UnitedSearch
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for some reason that I have not yet been able to fathom has come into the sunlight in recent years. See, e.g., Mapp v. OhioSearch
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subordinates all such state differences to the particular requirements of the Federal Bill of Rights ( but see Ker v. CaliforniaSearch
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Indeed, this Court has said so this very Term. Turner v. LouisianaSearch
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had been taken at a hearing at which the petitioner's counsel was given a full opportunity to cross-examine. See West v. LouisianaSearch
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Alford v. UnitedSearch
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ante at 380 U. S. 408 . Since I was not on the Court when the incorporation issue was joined, see Adamson v. CaliforniaSearch
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Ibid. See Cohen v. HurleySearch
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Ante at 380 U. S. 408 . Rather, I believe that it has its origins at least as far back as Twining v. NewSearch
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state action, because a denial of them would be a denial of due process of law. Chicago, Burlington & Quincy Railroad v. ChicagoSearch
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See Ker v. CaliforniaSearch
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U. S. 1 , and cases cited by MR. JUSTICE BRENNAN in his dissenting opinion in Cohen v. HurleySearch
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U. S. 156 . I agree with these decisions, as is apparent from my votes in Page 380 U. S. 413 Gideon v. WainwrightSearch
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U.S. Supreme Court Pointer v. TexasSearch
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Gideon v. WainwrightSearch
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of Gideon v. WainwrightSearch
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White v. MarylandSearch
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