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Lefkowitz Vs. Newsome
Cites for this judgment
- US Supreme Court
- Feb 19, 1975
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U.S. 283 (1975) U.S. Supreme Court Lefkowitz v. NewsomeSearch
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U.S. 283 (1975) Lefkowitz v. NewsomeSearch
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to appeal to the New York Court of Appeals was denied. This Court denied a petition for a writ of certiorari. Newsome v. NewSearch
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the New York Court of Appeals declared New York's loitering statute unconstitutional. People v. BerckSearch
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The Court of Appeals for the Second Circuit affirmed the judgment of the District Court, United States ex rel. Newsome v. MalcolmSearch
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corpus proceeding, the petitioner relies primarily on this Court's decisions in the guilty plea trilogy of Brady v. UnitedSearch
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States, 397 U. S. 742 , McMann v. RichardsonSearch
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U. S. 759 , and Parker v. NorthSearch
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Carolina, 397 U. S. 790 , and on our decision in Tollett v. HendersonSearch
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the later assertion of constitutional challenges to the pretrial proceedings. This principle was reaffirmed in Tollett v. HendersonSearch
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an adverse ruling in a pretrial hearing despite the fact that his conviction is based on a guilty plea. See McMann v. RichardsonSearch
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trial, in effect deliberately refuses to present his federal claims to the state court in the first instance. McMann v. RichardsonSearch
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a plea of guilty, the State acquires a legitimate expectation of finality in the conviction thereby obtained. Cf. Fay v. NoiaSearch
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the same label given to the pleas entered by the defendants in the Brady trilogy of cases and Tollett v. HendersonSearch
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permitted similar appeals from denials of motions to suppress allegedly coerced confessions. See McMann v. RichardsonSearch
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Newsome appealed the dismissal, and, in light of this Court's holding on the custody question in Hensley v. MunicipalSearch
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vote, held that such a defendant may not pursue his constitutional claim on a federal habeas corpus petition. Mann v. SmithSearch
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Since the guilty pleas in McMann v. RichardsonSearch
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of MR. JUSTICE WHITE, post at 420 U. S. 297 -298, that the question before us was answered in Parker v. NorthSearch
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that this review ultimately includes the certiorari or appellate jurisdiction of this Court. Indeed, in Sibron v. NewSearch
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the defendant's constitutional claims unless there has been a deliberate bypass of the state procedures. See Fay v. NoiaSearch
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availability of federal habeas corpus depends upon functional reality, not upon an infatuation with labels. See Fay v. NoiaSearch
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by presenting his federal claims to the state courts on direct appeal. See Francisco v. GathrightSearch
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In Fay v. NoiaSearch
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courts may pursue his constitutional claim on a federal habeas corpus petition. E.g., United States ex rel. Rogers v. WardenSearch
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Molloy v. FolletteSearch
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Brady v. UnitedSearch
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Parker v. NorthSearch
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The question almost answers itself. More importantly, however, it has already been answered by this Court in Parker v. NorthSearch
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s plea should be set aside if the confession was involuntary and if it was the but-for cause of the plea. Parker v. StateSearch
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in North Carolina and then pleads guilty may assume, by reading the North Carolina Court of Appeals opinion in Parker v. PageSearch
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not their basic ingredient. In any event, the Court squarely and conclusively rejected the waiver rationale in Tollett v. HendersonSearch
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of their supervisory powers over the administration of criminal justice in the federal system. See United States v. SepeSearch
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United States v. MizellSearch
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F.2d 97 (CA5 1973), and cases there cited. But see United States v. DoleSearch
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McMann was a case involving a coerced confession claim in which the plea was entered before Jackson v. DennoSearch
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It is true that Fourth Amendment claims are never attacks on the accuracy of the finding of factual guilt, Linkletter v. WalkerSearch
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from guilty pleas as in the case of those which do, and the argument has therefore already been rejected. Tollett v. HendersonSearch
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United States v. SepeSearch
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Sibron v. NewSearch
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of the differences for appeal purposes between a plea of guilty and a stipulation to evidence in United States v. MizellSearch
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U.S. Supreme Court Lefkowitz v. NewsomeSearch
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Newsome v. NewSearch
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People v. BerckSearch
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Newsome v. MalcolmSearch
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of Brady v. UnitedSearch
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