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United States Vs. Frady

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  • US Supreme Court
  • Apr 05, 1982

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70 entries 9 linked 61 unlinked
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  1. Sunal Vs. Large US Supreme Court · Jun 23, 1947
  2. Glasgow Vs. Moyer US Supreme Court · Jun 07, 1912
  3. United States Vs. Addonizio US Supreme Court · Jun 04, 1979
    Relied / Followed
  4. Henderson Vs. Kibbe US Supreme Court · May 16, 1977
  5. Cupp Vs. Naughten US Supreme Court · Dec 04, 1973
  6. Rose Vs. Lundy US Supreme Court · Mar 03, 1982
  7. SwaIn Vs. Pressley US Supreme Court · Mar 22, 1977
  8. Sandstrom Vs. Montana US Supreme Court · Jun 18, 1979
  9. United States Vs. Atkinson US Supreme Court · Feb 03, 1936
  10. U.S. 152 (1982) U.S. Supreme Court United States v. Frady
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  11. U.S. 152 (1982) United States v. Frady
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  12. recount what happened, as told by the witnesses at Frady's trial and summarized by the Court of Appeals. See Frady v. United
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  13. standard enunciated in Wainwright v. Sykes
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  14. U. S. 72 (1977), Francis v. Henderson
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  15. U. S. 536 (1976), and Davis v. United
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  16. with those tried for the same offense in the local court need not always be treated identically. As we noted in Swain v. Pressley
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  17. its justification for this action, the Court of Appeals pointed to a single phrase to be found in our opinion in Davis v. United
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  18. long and consistently affirmed that a collateral challenge may not do service for an appeal. See, e.g., United States v. Addonizio
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  19. Hill v. United
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  20. Adams v. United
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  21. standard enunciated in Davis v. United
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  22. States, 411 U. S. 233 (1973), and later confirmed and extended in Francis v. Henderson
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  23. U. S. 536 (1976), and Wainwright v. Sykes
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  24. prejudice, if any, occasioned by the erroneous jury instructions used at Frady's trial, we note that, in Wainwright v. Sykes
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  25. Page 456 U. S. 169 Recently, for example, JUSTICE STEVENS, in his opinion without dissent in Henderson v. Kibbe
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  26. U.S. at 431 U. S. 154 (quoting Cupp v. Naughten
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  27. that Frady's separate sentences for robbery and murder run concurrently, rather than consecutively. United State v. Frady
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  28. Frady cited Belton v. United
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  29. Green v. United
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  30. and United States v. Wharton
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  31. Fryer v. United
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  32. United States v. Wharton
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  33. n. 7, 636 F.2d at 509, n. 7. Frady argued that this instruction was unconstitutional under our decision in Sandstrom. v. Montana
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  34. As we said in Fisher v. United
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  35. Appeals for the District of Columbia Circuit has reached the same conclusion on an analogous issue. See United States v. Brown
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  36. Butler v. United
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  37. Fisher v. United
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  38. existing law. See Advisory Committee's Notes on Fed.Rule Crim.Proc. 52(b), 18 U.S.C.App. p. 1478, citing Wiborg v. United
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  39. United States v. Atkinson
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  40. solely in those circumstances in which a miscarriage of justice would otherwise result. See, e.g., United States v. Gerald
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  41. United States v. DiBenedetto
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  42. to reject the jury instructions Frady now attacks was decided only two years after Frady's appeal was decided. Belton v. United
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  43. as a codification of the common law definitions, which they did not displace. See O'Connor v. United
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  44. Hamilton v. United
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  45. The definition of manslaughter was never codified, but remains a matter of common law. See United States v. Pender
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  46. Austin v. United
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  47. The policy basis for the distinction between first-degree murder and other homicides was explained in Bullock v. United
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  48. obtained after the use of precisely the same instructions of which Frady complains here. For example, in Belton v. United
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  49. Id. at 206, 382 F.2d at 155. Similarly, in Howard v. United
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  50. for counsel's failure to object to a jury instruction is significantly different from the Court's, see Wainwright v. Sykes
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