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Henry Vs. Mississippi
Cites for this judgment
- US Supreme Court
- Jan 18, 1965
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U.S. 443 (1965) U.S. Supreme Court Henry v. MississippiSearch
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U.S. 443 (1965) Henry v. MississippiSearch
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petitioner, personally or through counsel, may have knowingly forgone his opportunity to raise his federal claims. Fay v. NoiaSearch
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also decide federal questions. The principle applies not only in cases involving state substantive grounds, Murdock v. CitySearch
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of Memphis, 20 Wall. 590, but also in cases involving state procedural grounds. Compare Herb v. PitcairnSearch
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U. S. 117 , 324 U. S. 125 -126, with Davis v. WechslerSearch
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state procedural rules can preclude our consideration of a federal question is itself a federal question. Cf. Lovell v. CitySearch
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that is itself a question of federal law which this Court must ultimately decide. Liner v. JafcoSearch
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Staub v. CitySearch
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Wright v. GeorgiaSearch
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not, where the circumstances are exceptional, preclude the accused from asserting constitutional claims, see Whitus v. BalkcomSearch
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suspending the determination of the validity of the conviction pending the outcome of the hearing. See United States v. ShotwellSearch
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Campbell v. UnitedSearch
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adopted a similar procedure to determine an issue essential to the fairness of a state conviction. See Jackson v. DennoSearch
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at least unless it is shown that petitioner deliberately bypassed the orderly procedure of the state courts. Fay v. NoiaSearch
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or it may make unnecessary the relitigation in a federal forum of certain issues. See Townsend v. SainSearch
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It has been suggested that this friction might be ameliorated if the States would look upon our decision in Fay v. NoiaSearch
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supra, and Townsend v. SainSearch
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verdict, renewed at the close of all the evidence, is improperly denied, is to dismiss the prosecution. See Lewis v. StateSearch
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Adams v. StateSearch
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Smith v. StateSearch
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of local counsel. If the motion were not renewed, the appellate court could not dismiss the prosecution. See Smith v. StateSearch
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not precluded when the state court has failed to exercise discretion to disregard the procedural default. See Williams v. GeorgiaSearch
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no view whether the pertinent controlling federal standard governing the legality of a search or seizure, see Ker v. CaliforniaSearch
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this Court has not yet ruled on the role of harmless error in search and seizure cases. Cf. Jackson v. DennoSearch
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a jury. This is the kind of piecemeal prosecution invented and used by this Court several years ago on United States v. ShotwellSearch
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U. S. 246 -252, Page 379 U. S. 455 and again last year when the Court again applied it in Jackson v. DennoSearch
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U. S. 368 , dissenting opinion at 378 U. S. 401 , 378 U. S. 409 -410. See also Boles v. StevensonSearch
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ground for the State Supreme Court's refusal to decide the constitutional question raised by petitioner. In Williams v. GeorgiaSearch
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Brooks v. StateSearch
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this same rule in other cases where proper objection had not been made at the trial, citing its holdings in Fisher v. StateSearch
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Miss. 116, 110 So. 361, and Carter v. StateSearch
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by the Mississippi Supreme Court except as an early step toward extending in one way or another the doctrine of Fay v. NoiaSearch
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even were the contemporaneous objection rule considered to be an adequate state ground, this would not, under Fay v. NoiaSearch
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afforded by Fay v. NoiaSearch
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and Townsend v. SainSearch
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cognizable at all in federal habeas corpus, would be the very antithesis of it. While some may say that, given Fay v. NoiaSearch
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the spectre implicit in today's decision will be no less disturbing than what the Court has already done in Fay v. NoiaSearch
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United States v. MilanovichSearch
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Hollingsworth v. UnitedSearch
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Isaacs v. UnitedSearch
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Metcalf v. UnitedSearch
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U.S. Supreme Court Henry v. MississippiSearch
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Murdock v. CitySearch
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Compare Herb v. PitcairnSearch
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Davis v. WechslerSearch
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