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Loper Vs. Beto
Cites for this judgment
- US Supreme Court
- Mar 22, 1972
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U.S. 473 (1972) U.S. Supreme Court Loper v. BetoSearch
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U.S. 473 (1972) Loper v. BetoSearch
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corpus in Federal District Court alleging that the previous convictions were constitutionally invalid under Gideon v. WainwrightSearch
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JUSTICE BRENNAN, and MR. JUSTICE MARSHALL, concluded that the use of convictions constitutionally invalid under Gideon v. WainwrightSearch
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that the previous convictions used to impeach his credibility at the trial were constitutionally invalid under Gideon v. WainwrightSearch
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Page 405 U. S. 481 The starting point in considering this question is, of course, Gideon v. WainwrightSearch
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The Court dealt with a sequel to Gideon in Burgett v. TexasSearch
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To permit a conviction obtained in violation of Gideon v. WainwrightSearch
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had played a part in the determination of the length of a convicted defendant's prison sentence. United States v. TuckerSearch
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is to be forsaken, the conclusion is inescapable that the use of convictions constitutionally invalid under Gideon v. WainwrightSearch
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Gilday v. ScafatiSearch
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On the contrary, our decision in this case follows directly from the rationale under which Gideon v. WainwrightSearch
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from this unconstitutional deprivation, Burgett v. TexasSearch
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then this case cannot be decided under the ill-starred and discredited doctrine of Betts v. BradySearch
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the ground that the petitioner did not meet his burden of proving that the prior convictions were invalid. See Burgett v. TexasSearch
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Losieau v. SiglerSearch
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Williams v. CoinerSearch
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F.2d 210, 212-213. The dissenting opinion relies upon our decision last Term in Kitchens v. SmithSearch
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Compare the decisions in this case and in Walker v. FolletteSearch
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F.2d 167 (CA2 1971), with Gilday v. ScafatiSearch
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Tucker v. UnitedSearch
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and Howard v. CravenSearch
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Simmons v. StateSearch
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be used for the purpose of impeachment. Most reported state decisions, however, hold the contrary. See Spaulding v. StateSearch
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Johnson v. StateSearch
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White v. StateSearch
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Subilosky v. CommonwealthSearch
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This constitutional rule is wholly retroactive. Pickelsimer v. WainwrightSearch
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was used for the purpose of directly rebutting a specific false statement made from the witness stand. Cf. Walker v. FolletteSearch
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F.2d 167, and see Harris v. NewSearch
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Walder v. UnitedSearch
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us, Loper was unrepresented by counsel and did not waive counsel at the time of the earlier convictions. Cf. Subilosky v. MooreSearch
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application, at least to cases where the sentence was imposed prior to Gideon. Yet, by our disposition of Bates v. NelsonSearch
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Burgett retroactive, and none has made the distinction suggested by the dissenting opinion. See, e.g., Walker v. FolletteSearch
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Losieau v. SilerSearch
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Tucker v. CravenSearch
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Oswald v. CrouseSearch
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MR. CHIEF JUSTICE BURGER, with whom MR. JUSTICE POWELL joins, dissenting. In 1942, this Court, in deciding Betts v. BradySearch
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Page 405 U. S. 486 had been denied by the state trial court. Betts was overruled in 1963 by Gideon v. WainwrightSearch
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U. S. 847 , 401 U. S. 848 (1971). There is no basis, then, for a retroactive application of Gideon v. WainwrightSearch
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if one or more of the prior convictions used to impeach Loper's credibility, even though fully valid under Betts v. BradySearch
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on his own motion, that he could have justified only by anticipating by 16 years this Court's overruling of Betts v. BradySearch
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of that decision. Burgett v. TexasSearch
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make, he would have been very specifically refusing thereby to follow this Court's then controlling decision in Betts v. BradySearch
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of Gideon is 'sound,' then this case cannot be decided under the ill-starred and discredited doctrine of Betts v. BradySearch
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U.S. Supreme Court Loper v. BetoSearch
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