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Destefano Vs. Woods
Cites for this judgment
- US Supreme Court
- Jun 17, 1968
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U.S. 631 (1968) U.S. Supreme Court DeStefano v. WoodsSearch
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U.S. 631 (1968) DeStefano v. WoodsSearch
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This Court's decisions of May 20, 1968, in Duncan v. LouisianaSearch
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U. S. 145 , holding that the States cannot deny a request for jury trial in serious criminal cases, and Bloom v. IllinoisSearch
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Appeals held that the Constitution did not require jury trial for state criminal contempt proceedings. In Duncan v. LouisianaSearch
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U. S. 145 , we held that the States cannot deny a request for jury trial in serious criminal cases, and in Bloom v. IllinoisSearch
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Duncan left open the question of Page 392 U. S. 633 the continued vitality of the statement in Maxwell v. DowSearch
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at this time only if the decisions in Duncan and Bloom apply retroactively. We hold, however, that Duncan v. LouisianaSearch
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and Bloom v. IllinoisSearch
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and affords a right to jury trial for criminal contempts punished by imprisonment for one year. In Stovall v. DennoSearch
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All three factors favor only prospective application of the rule stated in Duncan v. LouisianaSearch
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this Court to the effect that the Sixth Amendment right to jury trial was not applicable to the States. E.g., Maxwell v. DowSearch
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been mandatory had they fallen within the Sixth Amendment guarantee as it had been construed by this Court. See Duncan v. LouisianaSearch
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be in jeopardy, The considerations are somewhat more evenly balanced with regard to the rule announced in Bloom v. IllinoisSearch
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States could dispense with jury trial in normal criminal prosecutions, and reliance on the cases overturned by Bloom v. IllinoisSearch
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for failure to grant jury trial where trials began prior to May 20, 1968, the date of this Court's decisions in Duncan v. LouisianaSearch
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MR. JUSTICE STEWART would deny certiorari for the reasons stated in MR. JUSTICE HARLAN's dissenting opinions in Duncan v. LouisianaSearch
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U. S. 145 , 391 U. S. 171 , and Bloom v. IllinoisSearch
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Together with No. 941, Carcerano v. GladdenSearch
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a distinction between convictions that have become final and cases at various stages of trial and appeal. See Stovall v. DennoSearch
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be given retroactive effect, as I thought should have been done with comparable constitutional decisions. See Gideon v. WainwrightSearch
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Johnson v. NewSearch
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U.S. Supreme Court DeStefano v. WoodsSearch
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Duncan v. LouisianaSearch
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In Duncan v. LouisianaSearch
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Bloom v. IllinoisSearch
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In Stovall v. DennoSearch
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the States. E.g., Maxwell v. DowSearch
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Court. See Duncan v. LouisianaSearch
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Carcerano v. GladdenSearch
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See Stovall v. DennoSearch
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See Gideon v. WainwrightSearch
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