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Jenkins Vs. Delaware
Cites for this judgment
- US Supreme Court
- Jun 02, 1969
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U.S. 213 (1969) U.S. Supreme Court Jenkins v. DelawareSearch
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U.S. 213 (1969) Jenkins v. DelawareSearch
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TO THE SUPREME COURT OF DELAWARE Syllabus The standards which this Court established in Miranda v. ArizonaSearch
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have commenced after the date of that decision if their original trials had begun before that date. Cf. Johnson v. NewSearch
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A.2d 146, affirmed. MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. In Johnson v. NewSearch
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Jersey, 384 U. S. 719 (1966), we held that Miranda v. ArizonaSearch
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This identical result, however, is also possible under our more recent prospectivity decisions. Because both Desist v. UnitedSearch
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States, 394 U. S. 244 (1969), and Stovall v. DennoSearch
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State v. ViglianoSearch
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have regarded as determinative the moment at which the discarded standards were first relied upon. See, e.g., Desist v. UnitedSearch
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upon convictions obtained pursuant to investigatory and prosecutorial practices not previously proscribed. See Johnson v. NewSearch
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although they were obtained in good faith reliance upon constitutional standards then applicable. See Linkletter v. WalkerSearch
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statements obtained and admitted into evidence pursuant to practices not previously proscribed. See, e.g., State v. ViglianoSearch
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People v. SayersSearch
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articulated Page 395 U. S. 221 constitutional principles that are fully retroactive. See, e.g., Berger v. CaliforniaSearch
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BLACK, with whom MR. JUSTICE DOUGLAS joins, dissents for the reasons stated in his dissenting opinions in Linkletter v. WalkerSearch
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U. S. 618 , 381 U. S. 640 , and Johnson v. NewSearch
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Petitioner's remaining contentions have been adequately resolved by the court below. See Jenkins v. StateSearch
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A.2d 262 (1967), and Jenkins v. StateSearch
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to apply Miranda to post- Miranda retrials of cases originally tried prior to that decision. See People v. WorleySearch
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Boone v. StateSearch
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Chapman v. StateSearch
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State v. LewisSearch
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Murphy v. StateSearch
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At least nine other States have indicated in dicta that Miranda should be applied to such retrials. See Smith v. StateSearch
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State v. BrockSearch
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People v. DohertySearch
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State v. RuizSearch
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Dell v. StateSearch
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State v. McCartherSearch
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Creech v. CommonwealthSearch
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State v. ShonerSearch
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Wis.2d 412, 143 N.W.2d 458 (1966). In State v. BradshawSearch
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The United States Court of Appeals for the Seventh Circuit has held Miranda applicable, United States v. PhillipsSearch
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C.A. 7th Cir.1968), and that holding is supported by dicta in at least three other circuits. See United States v. YoungSearch
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Virgin Islands v. LovellSearch
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Gibson v. UnitedSearch
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Cir.1966). Without discussion, the Fourth Circuit appears to have reached a contrary result by implication. Moorer v. SouthSearch
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E.g., United States v. PhillipsSearch
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E.g., People v. WorleySearch
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E.g., Smith v. StateSearch
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People v. WorleySearch
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Our initial approach to prospective decisionmaking has undergone some modification. Compare Linkletter v. WalkerSearch
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U.S. Supreme Court Jenkins v. DelawareSearch
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Miranda v. ArizonaSearch
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Cf. Johnson v. NewSearch
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of the Court. In Johnson v. NewSearch
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