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Henry Vs. Mississippi

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  • US Supreme Court
  • Jan 18, 1965

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68 entries 4 linked 64 unlinked
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  1. Love Vs. Griffith US Supreme Court · Oct 20, 1924
  2. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  3. Boles Vs. Stevenson US Supreme Court · Nov 16, 1964
    Relied / Followed
  4. Whitus Vs. Balkcom US Supreme Court · Jun 25, 1962
    Relied / Followed
  5. U.S. 443 (1965) U.S. Supreme Court Henry v. Mississippi
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  6. U.S. 443 (1965) Henry v. Mississippi
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  7. petitioner, personally or through counsel, may have knowingly forgone his opportunity to raise his federal claims. Fay v. Noia
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  8. also decide federal questions. The principle applies not only in cases involving state substantive grounds, Murdock v. City
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  9. of Memphis, 20 Wall. 590, but also in cases involving state procedural grounds. Compare Herb v. Pitcairn
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  10. U. S. 117 , 324 U. S. 125 -126, with Davis v. Wechsler
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  11. state procedural rules can preclude our consideration of a federal question is itself a federal question. Cf. Lovell v. City
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  12. that is itself a question of federal law which this Court must ultimately decide. Liner v. Jafco
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  13. Staub v. City
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  14. Wright v. Georgia
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  15. not, where the circumstances are exceptional, preclude the accused from asserting constitutional claims, see Whitus v. Balkcom
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  16. suspending the determination of the validity of the conviction pending the outcome of the hearing. See United States v. Shotwell
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  17. Campbell v. United
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  18. adopted a similar procedure to determine an issue essential to the fairness of a state conviction. See Jackson v. Denno
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  19. at least unless it is shown that petitioner deliberately bypassed the orderly procedure of the state courts. Fay v. Noia
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  20. or it may make unnecessary the relitigation in a federal forum of certain issues. See Townsend v. Sain
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  21. It has been suggested that this friction might be ameliorated if the States would look upon our decision in Fay v. Noia
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  22. supra, and Townsend v. Sain
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  23. verdict, renewed at the close of all the evidence, is improperly denied, is to dismiss the prosecution. See Lewis v. State
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  24. Adams v. State
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  25. Smith v. State
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  26. of local counsel. If the motion were not renewed, the appellate court could not dismiss the prosecution. See Smith v. State
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  27. not precluded when the state court has failed to exercise discretion to disregard the procedural default. See Williams v. Georgia
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  28. no view whether the pertinent controlling federal standard governing the legality of a search or seizure, see Ker v. California
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  29. this Court has not yet ruled on the role of harmless error in search and seizure cases. Cf. Jackson v. Denno
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  30. a jury. This is the kind of piecemeal prosecution invented and used by this Court several years ago on United States v. Shotwell
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  31. U. S. 246 -252, Page 379 U. S. 455 and again last year when the Court again applied it in Jackson v. Denno
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  32. U. S. 368 , dissenting opinion at 378 U. S. 401 , 378 U. S. 409 -410. See also Boles v. Stevenson
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  33. ground for the State Supreme Court's refusal to decide the constitutional question raised by petitioner. In Williams v. Georgia
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  34. Brooks v. State
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  35. this same rule in other cases where proper objection had not been made at the trial, citing its holdings in Fisher v. State
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  36. Miss. 116, 110 So. 361, and Carter v. State
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  37. by the Mississippi Supreme Court except as an early step toward extending in one way or another the doctrine of Fay v. Noia
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  38. even were the contemporaneous objection rule considered to be an adequate state ground, this would not, under Fay v. Noia
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  39. afforded by Fay v. Noia
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  40. and Townsend v. Sain
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  41. cognizable at all in federal habeas corpus, would be the very antithesis of it. While some may say that, given Fay v. Noia
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  42. the spectre implicit in today's decision will be no less disturbing than what the Court has already done in Fay v. Noia
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  43. United States v. Milanovich
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  44. Hollingsworth v. United
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  45. Isaacs v. United
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  46. Metcalf v. United
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  47. U.S. Supreme Court Henry v. Mississippi
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  48. Murdock v. City
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  49. Compare Herb v. Pitcairn
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  50. Davis v. Wechsler
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