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Estelle Vs. Smith
Cites for this judgment
- US Supreme Court
- May 18, 1981
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U.S. 454 (1981) U.S. Supreme Court Estelle v. SmithSearch
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U.S. 454 (1981) Estelle v. SmithSearch
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the penalty phase only if respondent had been apprised of his rights and had knowingly decided to waive them. Miranda v. ArizonaSearch
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for Smith was mandatory. The Texas Court of Criminal Appeals affirmed Smith's conviction and death sentence, Smith v. StateSearch
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U. S. 568 , 367 U. S. 581 -582 (1961) (opinion announcing the judgment) (emphasis added). See also Murphy v. WaterfrontSearch
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penalty phase, the State is not relieved of the obligation to observe fundamental constitutional guarantees. See Green v. GeorgiaSearch
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related to some communicative act nor used for the testimonial content of what was said. See, e.g., United States v. DionisioSearch
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be required to submit to a sanity examination conducted by the prosecution's psychiatrist. See, e.g., United States v. CohenSearch
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Karstetter v. CardwellSearch
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United States v. BohleSearch
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United States v. WeiserSearch
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United States v. AlbrightSearch
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Pope v. PageSearch
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the Court of Appeals correctly concluded that the Fifth Amendment privilege was implicated. (3) In Miranda v. ArizonaSearch
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but, under Miranda v. ArizonaSearch
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need for a lawyer's advice and aid during the pretrial phase was recognized by the Court nearly 50 years ago in Powell v. AlabamaSearch
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Moore v. IllinoisSearch
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U. S. 220 , 434 U. S. 226 -229 (1977). And in United States v. WadeSearch
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Footnote omitted.) See United States v. HenrySearch
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Massiah v. UnitedSearch
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States, 377 U. S. 201 (1964). See also White v. MarylandSearch
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of the aggregate proceedings against respondent. See Coleman v. AlabamaSearch
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Brief for American Psychiatric Association as Amicus Curiae 11-17. In Jurek v. TexasSearch
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F.2d at 707. See also Griffin v. CaliforniaSearch
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with the limited right to the appointment and presence of counsel recognized as a Fifth Amendment safeguard in Miranda v. ArizonaSearch
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U. S. 436 , 384 U. S. 471 -473 (1966). See Edwards v. ArizonaSearch
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F.2d at 708. Cf. Thornton v. CorcoranSearch
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post at 451 U. S. 482 , quoting Johnson v. ZerbstSearch
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previous notice to the respondent's counsel. The Sixth and Fourteenth Amendments, as applied in such cases as Massiah v. UnitedSearch
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States, 377 U. S. 201 , and Brewer v. WilliamsSearch
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by the Court. JUSTICE REHNQUIST, concurring in the judgment. I concur in the judgment because, under Massiah v. UnitedSearch
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prior to trial, he only testified concerning the examination after respondent stood convicted. As the court in Hollis v. SmithSearch
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Roberts v. UnitedSearch
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U.S. Supreme Court Estelle v. SmithSearch
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Miranda v. ArizonaSearch
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Smith v. StateSearch
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Murphy v. WaterfrontSearch
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