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Tate Vs. Rose
Cites for this judgment
- US Supreme Court
- May 19, 1984
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U.S. 1301 (1984) U.S. Supreme Court Tate v. RoseSearch
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U.S. 1301 (1984) Tate v. RoseSearch
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made by respondent to a police officer and introduced at respondent's trial were elicited in violation of Edwards v. ArizonaSearch
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s case. Because petitioner's petition presents an open question, and because this Court's subsequent decision in Solem v. StumesSearch
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The District Court granted the writ, and the United States Court of Appeals for the Sixth Circuit affirmed. Rose v. EngleSearch
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outcome of this Court's consideration of the case on the merits. See Gregory-Portland Independent School District v. UnitedSearch
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police officer's renewed questioning. Petitioner concedes that these statements were elicited in violation of Edwards v. ArizonaSearch
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affirmed the District Court's grant of habeas relief because it concluded, following the analysis of United States v. JohnsonSearch
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in the petition is whether the Edwards decision should have been applied to respondent's case. In Solem v. StumesSearch
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U. S. 638 (1984), this Court recently decided that Edwards v. ArizonaSearch
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final when Edwards was decided. The petition in No. 83-1747 accordingly presents a question left open in Solem v. StumesSearch
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s case. First, the Court concluded, contrary to the Sixth Circuit's view, that the analysis adopted in United States v. JohnsonSearch
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an erroneous approach in considering the retroactivity of Edwards. Second, the rationale of the Court in Solem v. StumesSearch
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before Edwards was decided. Because the petition in No. 83-1747 presents an open question, and because Solem v. StumesSearch
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merits, I think it likely that the Court will either (1) give plenary consideration to the question left open in Solem v. StumesSearch
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of Appeals or (2) vacate the Court of Appeals' judgment and remand the case for reconsideration in light of Solem v. StumesSearch
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grant the application for a stay of the judgment of the United States Court of Appeals for the Sixth Circuit in Rose v. EngleSearch
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U.S. Supreme Court Tate v. RoseSearch
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of Edwards v. ArizonaSearch
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Rose v. EngleSearch
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See Gregory-Portland Independent School District v. UnitedSearch
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of United States v. JohnsonSearch
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In Solem v. StumesSearch
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Edwards v. ArizonaSearch
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United States v. JohnsonSearch
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of Solem v. StumesSearch
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