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Anderson Vs. Harless

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  • US Supreme Court
  • Nov 01, 1982

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44 entries 3 linked 41 unlinked
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  1. Boag Vs. Macdougall US Supreme Court · Jan 11, 1982
  2. Sandstrom Vs. Montana US Supreme Court · Jun 18, 1979
  3. Picard Vs. Connor US Supreme Court · Dec 20, 1971
  4. U.S. 4 (1982) U.S. Supreme Court Anderson v. Harless
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  5. U.S. 4 (1982) Anderson v. Harless
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  6. and had cited People v. Martin
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  7. to life imprisonment. The Michigan Court of Appeals affirmed respondent's conviction, People Page 459 U. S. 5 v. Harless
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  8. App. to Pet. for Cert. 59a. Relying primarily on Sandstrom v. Montana
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  9. See People v. Harless
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  10. W.2d at 43. The court also emphasized that respondent, in his brief to the Michigan Court of Appeals, had cited People v. Martin
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  11. Michigan Court of Appeals that the trial court's malice instruction was erroneous, coupled with his citation of People v. Martin
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  12. to consider the issue encompassed by respondent's subsequent federal habeas petition. We reverse. In Picard v. Connor
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  13. courts, id. at 404 U. S. 277 , or that a somewhat similar state law claim was made. See, e.g., Gayle v. LeFevre
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  14. Paullet v. Howard
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  15. Wilks v. Israel
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  16. Conner v. Auger
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  17. of his federal habeas corpus claim. Picard, supra, at 275, 277-278. Cf. Rose v. Lundy
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  18. He offered no support for this conclusion other than a citation to, and three excerpts from, People v. Martin
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  19. that respondent is still free to present his Sandstrom claim to the Michigan Court of Appeals, see People v. Berry
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  20. in the cited case is not even the same as the federal claim on which federal habeas relief is sought. See Picard v. Connor
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  21. Page 459 U. S. 10 I also believe that approach was entirely faithful to Picard v. Connor
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  22. state court might decide Page 459 U. S. 12 instruction issue differently if phrased in terms of Sandstrom v. Montana
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  23. U. S. 510 , rather than in terms of People v. Martin
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  24. two more sets of federal judges before this Court decides whether the substantive error merits our review. Cf. Rose v. Lundy
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  25. See People v. Martin
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  26. Compare Ulster County Court v. Allen
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  27. U. S. 140 , with Sandstrom v. Montana
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  28. People v. Harless
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  29. Harless claimed on appeal that this instruction was reversible error under People v. Martin
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  30. verdict from the jury's consideration. In our view, the due process ramifications were self-evident. Under Picard v. Connor
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  31. at 459 U. S. 7 . In state court, the defendant had argued that the instruction was inconsistent with People v. Martin
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  32. Martin had struck down an instruction that caused the jury to use a mandatory presumption of malice. See People v. Harless
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  33. In many respects, this case is merely a sequel to Board of Education of Rogers, Ark. v. McCluskey
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  34. U.S. Supreme Court Anderson v. Harless
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  35. People v. Martin
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  36. of People v. Martin
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  37. In Picard v. Connor
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  38. Gayle v. LeFevre
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  39. Cf. Rose v. Lundy
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  40. People v. Berry
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  41. See Picard v. Connor
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  42. of Sandstrom v. Montana
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  43. Under Picard v. Connor
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  44. Board of Education of Rogers, Ark. v. McCluskey
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