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Weatherford Vs. Bursey
Cites for this judgment
- US Supreme Court
- Feb 22, 1977
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U.S. 545 (1977) U.S. Supreme Court Weatherford v. BurseySearch
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U.S. 545 (1977) Weatherford v. BurseySearch
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into a false sense of security, interfering with his trial preparations and denying him due process of law under Brady v. MarylandSearch
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which does not establish a per se rule forbidding an undercover agent to meet with a defendant's counsel. Black v. UnitedSearch
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O'Brien v. UnitedSearch
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Hoffa v. UnitedSearch
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and Wise. In addition, the Court of Appeals concluded that Bursey had been denied due process of law under Brady v. MarylandSearch
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for further proceedings would have allowed Weatherford and Strom to present a qualified immunity defense under Wood v. StricklandSearch
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in Black v. UnitedSearch
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States, 385 U. S. 26 (1966), and O'Brien v. UnitedSearch
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States, 386 U. S. 345 (1967). The Court of Appeals also relied on Hoffa v. UnitedSearch
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from the overheard conversations was not used in any way by the prosecution. Memorandum for United States in Black v. UnitedSearch
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the overheard conversations were never communicated to the prosecuting attorneys. Brief for United States in O'Brien v. UnitedSearch
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Neither does the Court's decision in Hoffa v. UnitedSearch
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two cases in the Court of Appeals for the District of Columbia Circuit dealing with the right to counsel, Caldwell v. UnitedSearch
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States, 92 U.S.App.D.C. 355, 205 F.2d 879 (1953), and Coplon v. UnitedSearch
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unfortunate necessity of undercover work, and the value it often is to effective law enforcement. E.g., United States v. RussellSearch
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Lewis v. UnitedSearch
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We have also recognized the desirability and legality of continued secrecy even after arrest. Roviaro v. UnitedSearch
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inadmissible the informant's testimony having no connection with those conversations. III Because, under Brady v. MarylandSearch
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In Silverman v. UnitedSearch
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Brief for United States in Hoffa v. UnitedSearch
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s theory that the chill is the same whether induced by electronic surveillance or by undercover agents. Cf. Fisher v. UnitedSearch
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Boyd v. UnitedSearch
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concerning the defense strategy and evidence (or lack of it), the defendant, or the defense counsel. In Wardius v. OregonSearch
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counsel. Only last Term, we held that the right to counsel encompasses the right to confer with one's lawyer. Geders v. UnitedSearch
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States, 425 U. S. 80 (1976). See also Reynolds v. CochranSearch
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Fisher v. UnitedSearch
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States, 425 U. S. 391 , 425 U. S. 403 (1976). See also United States v. NoblesSearch
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United States v. RosnerSearch
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F.2d 1213, 1224 (CA2 1973), cert. denied, 417 U.S. 950 (1974). See, e.g., Caldwell v. UnitedSearch
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Coplon v. UnitedSearch
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Louie Yung v. ColemanSearch
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Thomas v. MillsSearch
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Tucker v. DavisSearch
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Turner v. StateSearch
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today, I believe a per se rule of this sort is fully supported, if not compelled, by our decisions in Black v. UnitedSearch
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crimes unrelated to the crimes for which the defendants were convicted. Memorandum for United States in Black v. UnitedSearch
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Brief for United States in O'Brien v. UnitedSearch
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Memorandum for United States in Black v. UnitedSearch
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conversation nor any other conversation was disclosed to the prosecuting attorneys. Brief for United States in O'Brien v. UnitedSearch
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remand for a hearing to determine whether the intrusions had tainted the trials. Memorandum for United States in Black v. UnitedSearch
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That is precisely the principle that was urged by the Government and by the dissenters, Black v. UnitedSearch
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