Skip to content
Back to judgment

Citation network

Benton Vs. Maryland

Cites for this judgment

  • US Supreme Court
  • Jun 23, 1969

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

76 entries 8 linked 68 unlinked
Show
  1. Malloy Vs. Hogan US Supreme Court · Jun 15, 1964
  2. Duncan Vs. Louisiana US Supreme Court · May 20, 1968
  3. Peyton Vs. Rowe US Supreme Court · May 20, 1968
  4. Flast Vs. Cohen US Supreme Court · Jun 10, 1968
  5. United States Vs. Gainey US Supreme Court · Mar 01, 1965
    Relied / Followed
  6. Palko Vs. Connecticut US Supreme Court · Dec 06, 1937
  7. Betts Vs. Brady US Supreme Court · Jun 01, 1942
  8. United States Vs. Ball US Supreme Court · May 25, 1896
  9. U.S. 784 (1969) U.S. Supreme Court Benton v. Maryland
    Search
  10. U.S. 784 (1969) Benton v. Maryland
    Search
  11. The concurrent sentence doctrine enunciated in Hirabayashi v. United
    Search
  12. ideal in our constitutional heritage, is enforceable against the States through the Fourteenth Amendment. Palko v. Connecticut
    Search
  13. Green v. United
    Search
  14. of appeal was filed in the Maryland Court of Appeals, that court handed down its decision in the case of Schowgurow v. State
    Search
  15. Does the 'concurrent sentence doctrine,' enunciated in Hirabayashi v. United
    Search
  16. U. S. 105 , and subsequent cases, have continuing validity in light of such decisions as Ginsberg v. New
    Search
  17. York, 390 U. S. 629 , 390 U. S. 633 , n. 2, Peyton v. Rowe
    Search
  18. U. S. 54 , Carafass v. LaVallee
    Search
  19. U. S. 234 , 391 U. S. 237 -238, and Sibron v. New
    Search
  20. for it is well settled that federal courts may act only in the context of a justiciable case or controversy. Muskrat v. United
    Search
  21. Flast v. Cohen
    Search
  22. in this country quite early, although its earliest manifestations occurred in slightly different contexts. In Locke v. United
    Search
  23. the Court in Claassen v. United
    Search
  24. approach to cases where concurrent sentences, rather than a single general sentence, have been imposed is Hirabayashi v. United
    Search
  25. if any one count was good. Barenblatt v. United
    Search
  26. United States v. Gainey
    Search
  27. Roviaro v. United
    Search
  28. rule entirely and decided an issue that affected only one count, even though there were concurrent sentences. Putnam v. United
    Search
  29. and related ones, without finding any satisfactory explanation for the concurrent sentence doctrine. See United States v. Hines
    Search
  30. Page 395 U. S. 790 it seems clear to us that it cannot be taken to state a jurisdictional rule. See Yates v. United
    Search
  31. concurrent sentences does not remove the elements necessary to create a justiciable case or controversy. In Sibron v. New
    Search
  32. five years, petitioner would then clearly have a right to have his larceny conviction reviewed. As we said in Sibron v. New
    Search
  33. specified in our original writ of certiorari. III In 1937, this Court decided the landmark case of Palko v. Connecticut
    Search
  34. subsequent appeals from state courts, the Court continued to apply this lesser Palko standard. See, e.g., Brock v. North
    Search
  35. Washington v. Texas
    Search
  36. it should apply to the States through the Fourteenth Amendment. Insofar as it is inconsistent with this holding, Palko v. Connecticut
    Search
  37. basic constitutional rights which this Court's recent decisions have rejected. It was cut of the same cloth as Betts v. Brady
    Search
  38. Id. at 316 U. S. 462 . It Page 395 U. S. 795 relied upon Twining v. New
    Search
  39. self-incrimination was not an element of Fourteenth Amendment due process. Betts was overruled by Gideon v. Wainwright
    Search
  40. Malloy v. Hogan
    Search
  41. See Bartkus v. Illinois
    Search
  42. As this Court put it in Green v. United
    Search
  43. his burglary conviction, he is forced to suffer retrial on the larceny count as well. As this Court held in Green v. United
    Search
  44. s option, not absolutely void. In any case, this argument was answered here over 70 years ago in United States v. Ball
    Search
  45. s objections, because of a defect in the indictment. This it cannot do. Petitioner's larceny conviction cannot stand. v. Petitioner
    Search
  46. habeas corpus in the lower federal courts. A federal district court ordered the State to resentence petitioner, Benton v. Copinger
    Search
  47. Grant v. Astle
    Search
  48. Peake v. Oldham
    Search
  49. Rex v. Benfield
    Search
  50. Street v. New
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial