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Nelson Vs. O'Neil

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  • US Supreme Court
  • Jun 01, 1971

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  1. Douglas Vs. Alabama US Supreme Court · Apr 05, 1965
  2. Roberts Vs. Russell US Supreme Court · Jun 10, 1968
    Relied / Followed
  3. Brookhart Vs. Janis US Supreme Court · Apr 18, 1966
    Relied / Followed
  4. Barber Vs. Page US Supreme Court · Apr 23, 1968
    Relied / Followed
  5. Harrington Vs. California US Supreme Court · Jun 02, 1969
    Relied / Followed
  6. U.S. 622 (1971) U.S. Supreme Court Nelson v. O'Neil
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  7. U.S. 622 (1971) Nelson v. O'Neil
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  8. applied for habeas corpus relief. The District Court ruled that respondent's conviction was improper under Bruton v. United
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  9. States, 391 U. S. 123 , and Roberts v. Russell
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  10. Court for the Northern District of California, and, while the case was pending there, this Court decided Bruton v. United
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  11. second, that any error there might have been was harmless beyond a reasonable doubt under the doctrine of Chapman v. California
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  12. so long as the declarant can be cross-examined on the witness stand at trial. This was confirmed in California v. Green
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  13. false. In affirming the District Court, the Court of Appeals relied heavily on the dictum of this Court in Douglas v. Alabama
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  14. U.S. at 391 U. S. 127 -128. This Court has never gone beyond that holding. In California v. Green
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  15. See Pointer v. Texas
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  16. U. S. 293 , held that the decision in Bruton v. United
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  17. however, go further and hold that, because respondent's conviction became final before this Court decided Bruton v. United
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  18. he cannot avail himself of that new rule in subsequent federal habeas corpus proceedings. See Mackey v. United
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  19. constitutional standards. For this is precisely what the California courts did in this case. See, e.g., Delli Paoli v. United
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  20. federal-state balance should be supported by more persuasive considerations than those which led the Court, in Roberts v. Russell
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  21. it should not be considered against respondent. I think our cases compel the conclusion that it may not. In Bruton v. United
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  22. In Roberts v. Russell
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  23. could be considered as evidence only against Rappe, and not against Roberts. As in Bruton, we reversed. Roberts v. Russell
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  24. See People v. Aranda
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  25. People v. Roberts
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  26. under state law against O'Neil. But, as my Brother BRENNAN points out and as this Court recognized in Bruton v. United
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  27. U.S. Supreme Court Nelson v. O'Neil
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  28. Bruton v. United
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  29. and Roberts v. Russell
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  30. of Chapman v. California
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  31. California v. Green
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  32. In California v. Green
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  33. See Mackey v. United
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  34. Delli Paoli v. United
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  35. In Bruton v. United
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