Citation network
Tehan Vs. Shott
Cites for this judgment
- US Supreme Court
- Jan 19, 1966
Citation network · 7-day free trial
Brief every cited case in minutes
Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.
- 18-section brief - facts, issues, ratio, relief
- Ask this case - answers cite the judgment
- Semantic search - find precedents by meaning
- Research drawer - sections, cites, related cases
No card required · credentials emailed · Log in if you already have an account
- Relied / Followed
- Relied / Followed
-
U.S. 406 (1966) U.S. Supreme Court Tehan v. ShottSearch
-
U.S. 406 (1966) Tehan v. ShottSearch
-
Court of Appeals reversed, noting that, on the day preceding oral argument of the appeal, the Supreme Court, in Malloy v. HoganSearch
-
state abridgment, and reasoning that the protection includes freedom from comment on failure to testify. In Griffin v. CaliforniaSearch
-
Brief any citation in this list with AI Studio
-
The doctrine of Griffin v. CaliforniaSearch
-
will not be applied retrospectively. Linkletter v. WalkerSearch
-
U. S. 1 , 378 U. S. 6 . In Griffin v. CaliforniaSearch
-
U. S. 609 , 380 U. S. 614 . The question before us now is whether the rule of Griffin v. CaliforniaSearch
-
direct review of the respondent's conviction were thus fully foreclosed more than a year before our decision in Malloy v. HoganSearch
-
supra, and almost two years before our decision in Griffin v. CaliforniaSearch
-
the day before the oral argument of this appeal, the Supreme Court, in Malloy v. HoganSearch
-
to brief and argue the question of the retroactivity of the doctrine announced in Griffin v. CaliforniaSearch
-
the original Ohio Page 382 U. S. 409 judgment of conviction in this case became final long before Griffin v. CaliforniaSearch
-
II In Linkletter v. WalkerSearch
-
U. S. 618 , we held that the exclusionary rule of Mapp v. OhioSearch
-
III Twining v. NewSearch
-
Brown v. MississippiSearch
-
U. S. 278 , 297 U. S. 285 . In 1937, the Court again approved the Twining doctrine in Palko v. ConnecticutSearch
-
U. S. 319 , 302 U. S. 324 , 325-326. In Adamson v. CaliforniaSearch
-
Thereafter, the Court continued to adhere to the Twining rule, notably in Knapp v. SchweitzerSearch
-
decided in 1958, 357 U. S. 371 , 357 U. S. 374 , and in Cohen v. HurleySearch
-
deviation from that position during a period of more than 50 years. Thus matters stood in 1964, when Malloy v. HoganSearch
-
abridgment by the States (378 U.S. at 378 U. S. 6 ). Less than a year later, on April 28, 1965, Griffin v. CaliforniaSearch
-
Chicot County Drainage Dist. v. BaxterSearch
-
and the effect on the administration of justice of a retrospective application of Griffin. See Linkletter v. WalkerSearch
-
U.S. at 381 U. S. 636 . In Linkletter, the Court stressed that the prime purpose of the rule of Mapp v. OhioSearch
-
rejecting the doctrine of Wolf v. ColoradoSearch
-
can be attributed to Griffin v. CaliforniaSearch
-
Second, since long before Twining v. NewSearch
-
impede that purpose, and to infect a criminal proceeding with the clear danger of convicting the innocent. See Gideon v. WainwrightSearch
-
Eskridge v. WashingtonSearch
-
Board, 357 U. S. 214 . The same can surely be said of the wrongful use of a coerced confession. See Jackson v. DennoSearch
-
in this Court, but was of unquestioned legitimacy as compared to the reliance of the States upon the doctrine of Wolf v. ColoradoSearch
-
important factor militating against the retroactive application of Mapp. During the 12-year period between Wolf v. ColoradoSearch
-
and Mapp v. OhioSearch
-
U.S. at 381 U. S. 636 . A retrospective application of Griffin v. CaliforniaSearch
-
MR. JUSTICE DOUGLAS joins, dissents for substantially the same reasons stated in his dissenting opinion in Linkletter v. WalkerSearch
-
the question, and each court has unanimously held that, under the controlling principles discussed in Linkletter v. WalkerSearch
-
Pinch v. MaxwellSearch
AI Brief on cited cases - 7-day free trial