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Whitney Vs. Florida
Cites for this judgment
- US Supreme Court
- Nov 13, 1967
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U.S. 138 (1967) U.S. Supreme Court Whitney v. FloridaSearch
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U.S. 138 (1967) Whitney v. FloridaSearch
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an evidentiary hearing. Because of the increasing tide of habeas corpus petitions brought by prisoners ( see Price v. JohnstonSearch
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does not compel the States to provide any remedy for collateral attack of criminal convictions. Cf. Townsend v. SainSearch
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S. 738, 386 U. S. 744 . It may not discriminate arbitrarily between persons applying for relief ( e.g., Burns v. OhioSearch
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U. S. 252 ), and it must adhere to the requirements of due process. Swenson v. BoslerSearch
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to appellate review, we have held them applicable with equal force to state post-conviction proceedings. Smith v. BennettSearch
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and because venue was res judicata under the judgment in a prior collateral attack by petitioner ( see Whitney v. CochranSearch
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this characterization and disposition of petitioner's allegations avoid the basic issue presented. Under Entsminger v. IowaSearch
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as to deprive the state trial of the Page 389 U. S. 140 constitutional requirement of due process. Sheppard v. MaxwellSearch
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to say whether or not counsel's failure to obtain a change of venue was harmless error under the ruling of Chapman v. CaliforniaSearch
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of the wrong allegedly done to petitioner. Nor are res judicata principles applicable, for, as I read Whitney v. CochranSearch
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Whitney v. StateSearch
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U. S. 142 change of venue, and had not even undertaken to exercise all of his peremptory challenges. Cf. Beck v. WashingtonSearch
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U.S. Supreme Court Whitney v. FloridaSearch
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Cf. Townsend v. SainSearch
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Burns v. OhioSearch
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Whitney v. CochranSearch
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Under Entsminger v. IowaSearch
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of Chapman v. CaliforniaSearch
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Cf. Beck v. WashingtonSearch
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Anders v. CaliforniaSearch
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Smith v. BennettSearch
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