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Mcmann Vs. Richardson

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  • US Supreme Court
  • May 04, 1970

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71 entries 5 linked 66 unlinked
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  1. Jones Vs. Cunningham US Supreme Court · Jan 14, 1963
    Relied / Followed
  2. Pennsylvania Ex Rel. Herman Vs. Claudy US Supreme Court · Jan 09, 1956
  3. Arsenault Vs. Massachusetts US Supreme Court · Oct 14, 1968
  4. Avery Vs. Alabama US Supreme Court · Jan 02, 1940
  5. Powell Vs. Alabama US Supreme Court · Nov 07, 1932
  6. U.S. 759 (1970) U.S. Supreme Court McMann v. Richardson
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  7. U.S. 759 (1970) McMann v. Richardson
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  8. involuntary confession, and (3) is vulnerable (at least in New York cases like these) where entered prior to Jackson v. Denno
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  9. and facts, and, in this case, the fact that respondents' counsel did not anticipate this Court's decision in Jackson v. Denno
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  10. citing United States ex rel. Glenn v. McMann
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  11. a hearing. The law required this much, the Court of Appeals thought, at least in New York, where, prior to Jackson v. Denno
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  12. the plea is vulnerable, at least in cases coming from New York where the guilty plea was taken prior to Jackson v. Denno
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  13. rests on the defendant's own admission in open court that he committed the acts with which he is charged. Brady v. United
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  14. McCarthy v. United
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  15. Brady v. United
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  16. in the plea to justify relief. Neither do we have before us the uncounseled defendant, see Pennsylvania ex rel. Herman v. Claudy
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  17. where the circumstances that coerced the confession have abiding impact, and also taint the plea. Cf. Chambers v. Florida
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  18. and voidable act. The Constitution, however, does not render pleas of guilty so vulnerable. As we said in Brady v. United
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  19. corpus. Nor do we deem the situation substantially different where the defendant's plea was entered prior to Jackson v. Denno
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  20. U.S. at 378 U. S. 377 . In reaching that conclusion, the Court overruled Stein v. New
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  21. which had approved the New York practice. Whether a guilty plea was entered before or after Jackson v. Denno
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  22. defendant was incompetently advised by his attorney. For the respondents successfully to claim relief based on Jackson v. Denno
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  23. showing cannot be made, for precisely this challenge was presented to the New York courts and to this Court in Stein v. New
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  24. dealing with coerced confession claims. Counsel for these respondents cannot be faulted for not anticipating Jackson v. Denno
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  25. claims other than the claim that the plea of guilty rested on a coerced confession and was entered prior to Jackson v. Denno
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  26. this opinion. It is so ordered. MR. JUSTICE BLACK, while still adhering to his separate opinion in Jackson v. Denno
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  27. of the State's use of post-indictment confessions given by one of the defendants in the absence of counsel. People v. Waterman
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  28. The denial of relief was affirmed by the Appellate Division of the New York Supreme Court, People v. Dash
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  29. The denial of relief was affirmed without opinion by the Appellate Division of the New York Supreme Court, People v. Richardson
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  30. Federal District Court was affirmed without opinion by the Appellate Division of the New York Supreme Court, People v. Williams
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  31. Ross v. McMann
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  32. Richardson v. McMann
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  33. Williams v. Follette
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  34. specificity that the plea of guilty was infected by the allegedly coerced confession. United States ex rel. Rosen v. Follette
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  35. Collins v. Maroney
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  36. Smith v. Wainwright
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  37. Carpenter v. Wainwright
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  38. Bell v. Alabama
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  39. Reed v. Henderson
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  40. Smiley v. Wilson
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  41. Doran v. Wilson
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  42. counsel, is invalid whenever induced by the prosecution's possession of a coerced confession. Likewise, Chambers v. Florida
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  43. the guilty pleas and because the convictions were based on the confessions, as well as the guilty pleas. See Chambers v. State
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  44. in federal habeas corpus proceedings on the grounds that the confession was coerced. Cf. United States ex rel. Rogers v. Warden
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  45. Since Gideon v. Wainwright
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  46. clear that a defendant pleading guilty to a felony charge has a federal right to the assistance of counsel. See White v. Maryland
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  47. It has long been recognized that the right to counsel is the right to the effective assistance of counsel. See Reece v. Georgia
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  48. Glasser v. United
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  49. principle applicable to this case was enunciated for the Court by MR. JUSTICE BLACK in Pennsylvania ex rel. Herman v. Claudy
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  50. as the Court tacitly concedes, the absolute rigor of it new rule must be adjusted to accommodate cases such a Chambers v. Florida
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