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Gilbert Vs. California
Cites for this judgment
- US Supreme Court
- Jun 12, 1967
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U.S. 263 (1967) U.S. Supreme Court Gilbert v. CaliforniaSearch
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U.S. 263 (1967) Gilbert v. CaliforniaSearch
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his right to a fair trial. P. 388 U. S. 267 . 2. Petitioner's request for reconsideration of Delli Paoli v. UnitedSearch
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not tainted by the illegal lineup procedure but were of independent origin was constitutional error. United States v. WadeSearch
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and remanded. MR. JUSTICE BRENNAN delivered the opinion of the Court. This case was argued with United States v. WadeSearch
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We granted certiorari, 384 U. S. 985 , and set the case for argument with Wade and with Stovall v. DennoSearch
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like the voice or body itself, is an identifying physical characteristic outside its protection. United States v. WadeSearch
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S. 222 -223. No claim its made that the content of the exemplars was testimonial or communicative matter. Cf. Boyd v. UnitedSearch
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there is minimal risk that the absence of counsel might derogate from his right to a fair trial. Cf. United States v. WadeSearch
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Cal.2d at 699-701, 408 P.2d at 370-371. Page 388 U. S. 268 Petitioner would have us reconsider Delli Paoli v. UnitedSearch
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reasoning of the Delli Paoli dissent, regards cautionary instructions as inadequate to cure prejudice. People v. ArandaSearch
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a standard derived by the court from our decision in Fahy v. ConnecticutSearch
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Fahy was the basis of our holding in Chapman v. CaliforniaSearch
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Warden v. HaydenSearch
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U. S. 294 . We therefore vacate certiorari on this issue as improvidently granted. The Monrosa v. CarbonSearch
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issue becomes what relief is required by application to this case of the principles today announced in United States v. WadeSearch
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of counsel in violation of the Sixth Amendment made applicable to the States by the Fourteenth Amendment. Gideon v. WainwrightSearch
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they were not tainted by the illegal lineup but were of independent origin was constitutional error. United States v. WadeSearch
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Wong Sun v. UnitedSearch
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constitutionally objectionable practice must prevail over the undesirability of excluding relevant evidence. Cf. Mapp v. OhioSearch
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The record in Gilbert v. UnitedSearch
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for cross-examination at trial. See 5 ALR2d Later Case Service 1225-1228. That is the California rule. In People v. GouldSearch
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of an extrajudicial identification is admissible not only to corroborate an identification made at the trial ( People v. SlobodionSearch
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the Fifth Amendment and the Right to Counsel Clause of the Sixth Amendment obligatory on the States. See, e.g., Malloy v. HoganSearch
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U. S. 335 . I (a) Relying on Schmerber v. CaliforniaSearch
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the lineup identification. I dissent from that holding. For reasons set out in my separate opinion in United States v. WadeSearch
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wholly out of line with the liberal construction which should always be given to the Bill of Rights. See Boyd v. UnitedSearch
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a lawyer is constitutionally unfair, unless the court-created balancing formula has somehow changed it. Johnson v. ZerbstSearch
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U. S. 458 , and Gideon v. WainwrightSearch
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which referred to Gilbert. But instead of squarely rejecting petitioner's reliance on the dissent in Delli Paoli v. UnitedSearch
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constitutional one, applied a harmless error test which measures up to the one we subsequently enunciated in Chapman v. CaliforniaSearch
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would violate some federal constitutional provision, and there is no such federal provision here. See Spencer v. TexasSearch
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I dissent from this holding in this case and in United States v. WadeSearch
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to the rule that a search and seizure must rest upon a validly executed search warrant. See, e.g., United States v. JeffersSearch
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Jones v. UnitedSearch
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Rios v. UnitedSearch
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Agnello v. UnitedSearch
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The search and seizure in this case violates another limitation, which concededly the ill-starred decision in Harris v. UnitedSearch
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or have a warrant of arrest, does not make constitutional a general search of a room or of a house ( United States v. LefkowitzSearch
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As stated by the Court in United States v. LefkowitzSearch
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