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Baldasar Vs. Illinois

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  • US Supreme Court
  • Apr 22, 1980

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  1. Gideon Vs. Wainwright US Supreme Court · Mar 18, 1963
  2. Powell Vs. Alabama US Supreme Court · Nov 07, 1932
  3. Argersinger Vs. Hamlin US Supreme Court · Jun 12, 1972
    Relied / Followed
  4. Oyler Vs. Boles US Supreme Court · Feb 19, 1962
  5. Loper Vs. Beto US Supreme Court · Mar 22, 1972
  6. U.S. 222 (1980) U.S. Supreme Court Baldasar v. Illinois
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  7. U.S. 222 (1980) Baldasar v. Illinois
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  8. theft conviction. 52 Ill.App.3d 305, 367 N.E.2d 459, reversed and remanded. PER CURIAM. In Scott v. Illinois
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  9. by a divided vote. It emphasized that, when the right to counsel in misdemeanor cases was recognized in Argersinger v. Hamlin
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  10. MR. JUSTICE STEWART, with whom MR. JUSTICE BRENNAN and MR. JUSTICE STEVENS join, concurring. In Scott v. Illinois
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  11. counsel in his defense. It seems clear to me that this prison sentence violated the constitutional rule of Scott v. Illinois
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  12. Brief for Respondent in Scott v. Illinois
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  13. In Argersinger v. Hamlin
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  14. Seven years later, in Scott v. Illinois
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  15. must be provided if imprisonment was an authorized punishment but had not actually been imposed. See Argersinger v. Hamlin
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  16. Scott v. Illinois
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  17. in Argersinger. Scott v. Illinois
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  18. his conviction is not sufficiently reliable to support the severe sanction of imprisonment. Argersinger v. Hamlin
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  19. U. S. 235 . I do not share that view. Not all misdemeanor defendants, of course, are indigent. See Scott v. Illinois
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  20. prosecutorial discretion. The economic effect of our decision today will be miniscule compared to that of Powell v. Alabama
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  21. U. S. 45 (1932), Gideon v. Wainwright
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  22. U. S. 335 (1963), and Argersinger v. Hamlin
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  23. of a conviction in which he was denied the assistance of counsel. MR. JUSTICE BLACKMUN, concurring. In Scott v. Illinois
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  24. prosecuted for a nonpetty criminal offense, that is, one punishable by more than six months' imprisonment, see Duncan v. Louisiana
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  25. Baldwin v. New
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  26. or whenever the defendant is convicted of an offense and is actually subjected to a term of imprisonment, Argersinger v. Hamlin
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  27. best preserve constitutional values, and do so with a measure of clarity for all concerned. Had the Court in Scott v. Illinois
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  28. with whom THE CHIEF JUSTICE, MR. JUSTICE WHITE, and MR. JUSTICE REHNQUIST join, dissenting. Last Term, in Scott v. Illinois
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  29. U. S. 367 (1979), we rejected the claim that Argersinger v. Hamlin
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  30. only was fined. The circumstances of that conviction, therefore, were precisely like those of the petitioner in Scott v. Illinois
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  31. has sustained repeat offender laws as penalizing only the last offense committed by the defendant. E.g., Moore v. Missouri
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  32. misdemeanor conviction. By creating this new hybrid, the Court departs from the position it took after Gideon v. Wainwright
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  33. was constitutionally invalid -- and therefore void -- it could not be put to other uses in court. In Burgett v. Texas
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  34. felony conviction could not be used in a later trial to enhance punishment under a recidivist statute. Loper v. Beto
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  35. U. S. 483 (1972), barred impeachment of a defendant with such a felony conviction, and United States v. Tucker
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  36. Despite reservations, I joined the decision in Scott v. Illinois
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  37. because it was consistent with Argersinger v. Hamlin
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  38. Today's decision is all the more puzzling in view of the Court's recent ruling in Lewis v. United
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  39. with today's decision. Unlike misdemeanors, all uncounseled felony judgments are constitutionally invalid. Gideon v. Wainwright
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  40. U.S. at 445 U. S. 67 , quoting Burgett v. Texas
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  41. U.S. Supreme Court Baldasar v. Illinois
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  42. PER CURIAM. In Scott v. Illinois
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  43. In Scott v. Illinois
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  44. of Scott v. Illinois
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  45. See Argersinger v. Hamlin
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  46. Argersinger. Scott v. Illinois
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  47. See Scott v. Illinois
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  48. of Powell v. Alabama
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  49. and Argersinger v. Hamlin
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  50. Duncan v. Louisiana
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