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Davis Vs. United States

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  • US Supreme Court
  • Apr 17, 1973

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74 entries 6 linked 68 unlinked
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  1. Johnson Vs. Zerbst US Supreme Court · May 23, 1938
  2. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  3. Neal Vs. Delaware US Supreme Court · Jan 01, 1880
  4. United States Vs. Gale US Supreme Court · Oct 15, 1883
  5. Sunal Vs. Large US Supreme Court · Jun 23, 1947
  6. Peters Vs. Kiff US Supreme Court · Jun 22, 1972
  7. Davis v. United
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  8. States - 411 U.S. 233 (1973) U.S. Supreme Court Davis v. United
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  9. States, 411 U.S. 233 (1973) Davis v. United
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  10. jury discrimination, not only during the criminal proceeding, but also later on collateral review. Shotwell Mfg. Co. v. United
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  11. Kaufman v. United
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  12. briefs on the issue of waiver. It then denied the motion. In its memorandum opinion, it relied on Shotwell Mfg. Co. v. United
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  13. Shotwell, supra, and Rule 12(b)(2). Because its decision is contrary to decisions of the Ninth Circuit in Fernandez v. Meier
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  14. F.2d 974 (1969), and Chee v. United
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  15. motion alleged deprivation of a fundamental constitutional right, one which has been recognized since Strauder v. West
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  16. Virginia, 100 U. S. 303 (1880), his case is controlled by this Court's dispositions of Kaufman v. United
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  17. States, 394 U. S. 217 (1969), and Sanders v. United
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  18. States, 373 U. S. 1 (1963), rather than Shotwell Mfg. Co. v. United
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  19. waived his claim of unconstitutional grand jury composition. See Fay v. Noia
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  20. U. S. 391 (1963), and Johnson v. Zerbst
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  21. provision was designed to continue existing law, which, as exemplified by this Court's decision in United States v. Gale
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  22. Rule Crim.Proc. 12, 18 U.S.C.App. This Court had occasion to consider the Rule's application in Shotwell Mfg. Co. v. United
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  23. allegations, he nonetheless contends that Kaufman v. United
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  24. See Fay v. Noia
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  25. Sunal v. Large
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  26. terms, the manner in which the claims of defects in the institution of criminal proceedings may be waived. See Singer v. United
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  27. is such that the prior inconsistent statute would be deemed to have been repealed. Cf. Sibbach v. Wilson
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  28. on collateral review. Our conclusion in this regard is further buttressed by the Court's observation in Parker v. North
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  29. of a substantial constitutional right, recognized by this Court as applicable to state criminal proceedings from Bush v. Kentucky
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  30. U. S. 110 (1883), through Alexander v. Louisiana
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  31. courts had found that petitioners were not prejudiced in any way by the alleged illegalities, whereas, under Peters v. Kiff
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  32. system was approved in Scales v. United
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  33. this conclusion by the concurrence of all but one of the courts of appeals that have considered the issue. See Moore v. United
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  34. Juelich v. Harris
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  35. United States v. Williams
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  36. Bustillo v. United
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  37. and Poliafico v. United
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  38. States, 237 F.2d 97 (CA6 1956). Contra, Fernandez v. Meier
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  39. to present it as provided in Rule 12(b)(2) resulted in a waiver. Relying, however, on this Court's decisions in Fay v. Noia
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  40. U. S. 391 (1963), and Sanders v. United
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  41. as a result of a deliberate bypass of the suppression procedures established in Fed.Rule Crim.Proc. 41(e). Kaufman v. United
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  42. Cf. Glasser v. United
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  43. Dow v. Carnegie-Illinois
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  44. system was approved by this Court in Scales v. United
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  45. names of Negroes in the jury box used in 1968. That, of course, would have been unconstitutional. See Alexander v. Louisiana
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  46. Hill v. Texas
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  47. system was immune from constitutional attack. Indeed, Carter v. Jury
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  48. s decision today seems inconsistent Page 411 U. S. 248 with them. The Court purports to distinguish Kaufman v. United
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  49. motion to suppress evidence bars an attempt to raise the Fourth Amendment issue on appeal. See, e.g., United States v. Ellis
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  50. United States v. Volkell
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