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Rushen Vs. Spain

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  • US Supreme Court
  • Dec 12, 1983

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64 entries 10 linked 54 unlinked
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  1. Smith Vs. Phillips US Supreme Court · Jan 25, 1982
  2. Marshall Vs. Lonberger US Supreme Court · Feb 22, 1983
  3. Snyder Vs. Massachusetts US Supreme Court · Jan 08, 1934
  4. Harrington Vs. California US Supreme Court · Jun 02, 1969
  5. Rose Vs. Lundy US Supreme Court · Mar 03, 1982
  6. Fay Vs. Noia US Supreme Court · Mar 18, 1963
  7. Johnson Vs. Zerbst US Supreme Court · May 23, 1938
  8. Powell Vs. Alabama US Supreme Court · Nov 07, 1932
  9. Stone Vs. Powell US Supreme Court · Jul 06, 1976
  10. Cuyler Vs. Sullivan US Supreme Court · May 12, 1980
  11. U.S. 114 (1983) U.S. Supreme Court Rushen v. Spain
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  12. U.S. 114 (1983) Rushen v. Spain
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  13. Rogers v. United
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  14. Page 464 U. S. 120 to mitigate constitutional error, if any, that has occurred. See, e.g., United States v. Morrison
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  15. Rogers v. United
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  16. States, supra, at 422 U. S. 40 . Post-trial hearings are adequately tailored to this task. See, e.g., Smith v. Phillips
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  17. Remmer v. United
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  18. The final decision whether the alleged constitutional error was harmless is one of federal law. Chapman v. California
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  19. to the contrary, by the federal courts. See Marshall v. Lonberger
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  20. These rights, as with most constitutional rights, are subject to harmless error analysis, see, e.g., United States v. Morrison
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  21. right to presence), unless the deprivation, by its very nature, cannot be harmless. See, e.g., Gideon v. Wainright
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  22. that a juror's out-of-court action did not influence the verdict. In Smith v. Phillips
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  23. Rogers v. United
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  24. Shields v. United
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  25. Fillippon v. Albion
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  26. and n. 8. But a juror generally cannot testify about the mental process by which the verdict was arrived. See Mattox v. United
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  27. and inferences to be drawn from the testimony were binding on the District Court and are binding on us. See Marshall v. Lonberger
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  28. juror Fagan's impartiality. That doubt forecloses reliance on the harmless error standard enunciated in Chapman v. California
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  29. even on direct appeal, when the evidence is still fresh and a fair retrial could be promptly conducted. Chapman v. California
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  30. of fundamental unfairness to the accused that will support a collateral attack on a final judgment. See, e.g., Stone v. Powell
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  31. Adams v. United
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  32. alternate. A deprivation of a right with such a rationale could not be held to be harmless error. See, e.g., Chapman v. California
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  33. Gideon v. Wainwright
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  34. Glasser v. United
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  35. Cuyler v. Sullivan
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  36. Geders v. United
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  37. Herring v. New
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  38. analysis regarding deprivations of the right to counsel at pretrial stages of criminal proceedings, e.g., Coleman v. Alabama
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  39. U. S. 1 (1970), but see White v. Maryland
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  40. possible to ascertain whether consideration of inadmissible evidence is harmless error, compare United States v. Henry
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  41. U. S. 264 , 447 U. S. 274 -275, n. 13 (1980), with Massiah v. United
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  42. Moore v. Illinois
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  43. U. S. 220 (1977). In United States v. Morrison
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  44. if the Government agents had managed to elicit incriminating information from the defendant, in violation of Massiah v. United
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  45. violations of the right to counsel may be disregarded as harmless error, correctly citing Moore v. Illinois
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  46. is largely a question of semantics. The right to be present at trial is rooted in the Confrontation Clause. Illinois v. Allen
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  47. U.S. Supreme Court Rushen v. Spain
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  48. See Marshall v. Lonberger
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  49. Gideon v. Wainright
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  50. In Smith v. Phillips
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