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Parker Vs. North Carolina
Cites for this judgment
- US Supreme Court
- May 04, 1970
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Parker v. NorthSearch
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Carolina - 397 U.S. 790 (1970) U.S. Supreme Court Parker v. NorthSearch
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Carolina, 397 U.S. 790 (1970) Parker v. NorthSearch
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defendant's desire to limit the possible maximum penalty to less than that authorized if there is a jury trial. Brady v. UnitedSearch
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plea not open to attack on the ground that his counsel misjudged the admissibility of petitioner's confession. McMann v. RichardsonSearch
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arrested. Neither reason is sufficient to warrant setting aside Parker's plea. It may be that, under United States v. JacksonSearch
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Even so, we determined in Brady v. UnitedSearch
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Nardone v. UnitedSearch
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Wong Sun v. UnitedSearch
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He suggests that he is entitled to plead again, a suggestion that we reject. For the reasons set out in McMann v. RichardsonSearch
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an adequate state ground precluding our reaching the grand jury issue if this case were here on direct review. See Fay v. NoiaSearch
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of the grand jury is open in a federal habeas corpus action we need not decide. Compare United States ex rel. Goldsby v. PageSearch
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U. S. 799 Harpole, 263 F.2d 71 (C.A. 5th Cir.), cert. denied, 361 U.S. 838 and 850 (1959), with Labat v. BennettSearch
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F.2d 698 (C.A. 5th Cir.1966), cert. denied, 386 U.S. 991 (1967). See also McNeil v. NorthSearch
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Repl. vol.). See State v. RorieSearch
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jury if, before the plea of guilty, the defendant raises his objection in a motion to quash the indictment. State v. CovingtonSearch
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It may be that, under United States v. JacksonSearch
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in No. 268, and concurring in the result in No. 270, ante, p. 397 U. S. 742 . In United States v. JacksonSearch
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against compulsory self-incrimination and the right to a trial by jury, with all of its attendant safeguards. McCarthy v. UnitedSearch
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pointed out that a guilty plea is more serious than a confession because it is tantamount to a conviction. Kercheval v. UnitedSearch
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like any surrender of fundamental constitutional rights, reflect the unfettered choice of the defendant. See Boykin v. AlabamaSearch
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Machibroda v. UnitedSearch
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factors that the government may not constitutionally inject into the decisionmaking process. For example, in Garrity v. NewSearch
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judicial evaluation of the effect of particular external stimuli upon the state of mind of the accused. See Haley v. OhioSearch
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Bram v. UnitedSearch
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States, 168 U. S. 532 , 168 U. S. 542 -543 (1897). More recently, we held in Malloy v. HoganSearch
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U.S. at 378 U. S. 8 . Cf. Garrity v. NewSearch
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S. 810 that capital cases are treated differently, in some respects, from noncapital cases. See, e.g., Williams v. GeorgiaSearch
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in determining whether a defendant has deliberately waived his constitutional rights. Thus, for example, in Green v. UnitedSearch
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U.S. at 355 U. S. 193 . So also, in Fay v. NoiaSearch
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of state post-conviction relief. The North Carolina courts have consistently taken the position that United States v. JacksonSearch
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The precise contours of the Court's theory, developed principally in Brady v. UnitedSearch
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Herman v. ClaudySearch
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Brown v. MississippiSearch
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Machibroda v. UnitedSearch
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government. With this view I am in disagreement for reasons more fully set forth in my dissenting opinion in McMann v. RichardsonSearch
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Miranda v. ArizonaSearch
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Spano v. NewSearch
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Scott v. UnitedSearch
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McGrath v. LaValleeSearch
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Eziere v. UnitedSearch
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Elksnis v. GilliganSearch
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