Citation network
Mackey Vs. United States
Cites for this judgment
- US Supreme Court
- Apr 05, 1971
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Mackey v. UnitedSearch
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States - 401 U.S. 667 (1971) U.S. Supreme Court Mackey v. UnitedSearch
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States, 401 U.S. 667 (1971) Mackey v. UnitedSearch
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but he was convicted in 1964, and the Court of Appeals affirmed. After this Court's 1968 decisions in Marchetti v. UnitedSearch
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States, 390 U. S. 39 , and Grosso v. UnitedSearch
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Brief any citation in this list with AI Studio
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reliability of the factfinding process was involved in the use of the wagering tax forms at petitioner's trial. Tehan v. ShottSearch
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Johnson v. NewSearch
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Williams v. UnitedSearch
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Marchetti v. UnitedSearch
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Grosso v. UnitedSearch
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in evidence at trial. Employing the threefold analysis set forth in our retroactivity decisions, see, e.g., Stovall v. DennoSearch
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F.2d at 509. We granted certiorari. 396 U.S. 954. I In United States v. KahrigerSearch
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U.S. at 345 U. S. 32 -33. Lewis v. UnitedSearch
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today reaffirmed the nonretroactivity of decisions overruling prior constructions of the Fourth Amendment. Williams v. UnitedSearch
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States and Elkanich v. UnitedSearch
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applied to invalidate prior convictions that in all respects conformed to the then controlling law. In Tehan v. ShottSearch
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U. S. 406 (1966), the Court declined to apply the rule of Griffin v. CaliforniaSearch
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infringed the new rule that was announced in Griffin and was being applied in contemporary trials. Johnson v. NewSearch
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This method of prosecution is discussed and approved in Holland v. UnitedSearch
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Friedberg v. UnitedSearch
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Smith v. UnitedSearch
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Desist v. UnitedSearch
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questions presented. Two of the cases, Williams and Elkanich, involve the Court's decision in Chimel v. CaliforniaSearch
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and seizures incident to a lawful arrest. The other case, Mackey, involves the Court's decisions in Marchetti v. UnitedSearch
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States, 390 U.S. 39 (1968), and Grosso v. UnitedSearch
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doctrine, which came into being somewhat less than six years ago in Linkletter v. WalkerSearch
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as the tracks made by a beast of prey in search of its intended victim. See my dissenting opinion in Desist v. UnitedSearch
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States, 394 U. S. 244 , 394 U. S. 256 -257 (1969). See also United States v. UnitedSearch
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be leading us. That is what I had thought underlay the taking of these cases, and their companions, United States v. UnitedSearch
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States Coin & Currency, post, p. 401 U. S. 715 , and Hill v. CaliforniaSearch
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explanation for the basis of judicial review, an explanation first put forth by Chief Justice Marshall in Marbury v. MadisonSearch
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prospectively only. See my dissent in Desist, 394 U.S. at 394 U. S. 259 . Cf. United States v. WhiteSearch
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Part II), and my dissenting opinion in that case, post, p. 401 U. S. 768 . See also United States v. UnitedSearch
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expectations legitimately created by extant law and thereby mitigate the practical force of stare decisis, Linkletter v. WalkerSearch
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which ought properly to bear on the Page 401 U. S. 681 judicial resolution of any legal problem. Cf. Moragne v. StatesSearch
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More immediately relevant here is the fact that, Page 401 U. S. 684 prior to Brown v. AllenSearch
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had a fair opportunity to raise his arguments in the original criminal proceeding, see my dissent in Fay v. NoiaSearch
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attacked the constitutionality of the federal, Ex parte Siebold, 100 U. S. 371 (1880), or state, Crowley v. ChristensenSearch
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Developments in the Law -- Federal Habeas Corpus, 83 Harv.L.Rev. 1040, 1042-1062 (1970). Thus, prior to Brown v. AllenSearch
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display of insensitivity to the principles of federalism which underlie the American legal system. See, e.g., Fay v. NoiaSearch
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