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Lakeside Vs. Oregon

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  • US Supreme Court
  • Mar 22, 1978

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65 entries 4 linked 61 unlinked
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  1. Argersinger Vs. Hamlin US Supreme Court · Jun 12, 1972
  2. Cohen Vs. Hurley US Supreme Court · Apr 24, 1961
  3. Malloy Vs. Hogan US Supreme Court · Jun 15, 1964
  4. United States Vs. Gainey US Supreme Court · Mar 01, 1965
  5. U.S. 333 (1978) U.S. Supreme Court Lakeside v. Oregon
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  6. U.S. 333 (1978) Lakeside v. Oregon
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  7. guaranteed by the Fifth and Fourteenth Amendments. Pp. 435 U. S. 336 -341. (a) Though in Griffin v. California
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  8. This guarantee was held to be applicable against the States through the Fourteenth Amendment in Malloy v. Hogan
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  9. Id. at 11. Less than a year Page 435 U. S. 337 later, the Court held in Griffin v. California
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  10. n. 6. It is settled in Oregon, however, that a defendant has an absolute right to require such an instruction. State v. Patton
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  11. Hoffa v. United
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  12. B The petitioner's second argument is based upon his constitutional right to counsel. Gideon v. Wainwright
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  13. the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law.' Quercia v. United
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  14. Geders v. United
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  15. the protective instruction over the defendant's objection is not a constitutional violation. See, e.g., United States v. Williams
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  16. United States v. McGann
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  17. United States v. Rimanich
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  18. Mengarelli v. United
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  19. United States v. Smith
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  20. terms, that the giving of such an instruction in these circumstances is prejudicial error. See, e.g., Russell v. State
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  21. People v. Molano
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  22. Cal.App.2d 841, 61 Cal.Rptr. 821 (proscribed by Griffin v. California
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  23. Gross v. State
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  24. State v. Kimball
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  25. The Malloy decision overruled the long-settled doctrine of Twining v. New
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  26. Jersey, 211 U. S. 78 , and Adamson v. California
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  27. U. S. 46 . See Snyder v. Massachusetts
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  28. In Tehan v. United
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  29. States ex rel. Shott, 382 U. S. 406 , it was held that the rule of Griffin v. California
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  30. long been established that a defendant in a federal criminal trial has that right as a matter of statutory law. Bruno v. United
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  31. The petitioner also relies upon a remark in the dissenting opinion in United States v. Gainey
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  32. Compulsion was also found to be present in Brooks v. Tennessee
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  33. Bruno v. United
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  34. Becher v. United
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  35. to make. The Constitution commands that the decision be made free of any compulsion by the State. In Griffin v. California
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  36. State v. Cleaves
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  37. Wilson v. United
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  38. to the statutory prohibition against comment on the failure of the accused to testify. But, as we stated in Griffin v. California
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  39. United States v. Davis
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  40. State v. Caron
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  41. by comparing its reasoning to the analysis in an earlier case that followed Griffin more faithfully. In Brooks v. Tennessee
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  42. of this sort was given over the defendant's objection. Ante at 435 U. S. 341 n. 12. See Becher v. United
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  43. Hand did not foresee Griffin, just as he did not foresee developments that were nearer at hand. In United States v. Bruno
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  44. See People v. Hampton
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  45. State v. White
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  46. Villines v. State
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  47. Russell v. State
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  48. People v. Horrian
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  49. Cal.App.2d 841, 61 Cal.Rptr. 821 (1967). See also United States v. Smith
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  50. U.S. Supreme Court Lakeside v. Oregon
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