Skip to content
Back to judgment

Citation network

Allen Vs. Hardy

Cites for this judgment

  • US Supreme Court
  • Jun 30, 1986

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

48 entries 7 linked 41 unlinked
Show
  1. Solem Vs. Stumes US Supreme Court · Feb 29, 1984
  2. Batson Vs. Kentucky US Supreme Court · Apr 30, 1986
  3. Linkletter Vs. Walker US Supreme Court · Jun 07, 1965
  4. Maggio Vs. Fulford US Supreme Court · Jun 06, 1983
  5. Harris Vs. Rivera US Supreme Court · Dec 14, 1981
  6. Peters Vs. Kiff US Supreme Court · Jun 22, 1972
  7. Stovall Vs. Denno US Supreme Court · Jun 12, 1967
  8. U.S. 255 (1986) U.S. Supreme Court Allen v. Hardy
    Search
  9. U.S. 255 (1986) Allen v. Hardy
    Search
  10. record did not establish systematic exclusion of minorities by prosecutors in the jurisdiction, as required by Swain v. Alabama
    Search
  11. the Court of Appeals' refusal to issue a certificate of probable cause was erroneous in view of the fact that Batson v. Kentucky
    Search
  12. People v. Allen
    Search
  13. On appeal, petitioner repeated his argument concerning the State's exercise of peremptory challenges. Relying on Swain v. Alabama
    Search
  14. Court denied petitioner's motion for discovery to support the claim, and denied relief. United States ex rel. Allen v. Hardy
    Search
  15. Allen v. Hardy
    Search
  16. State's exercise of its peremptory challenges at his trial violated the Sixth Amendment. United States ex rel. Allen v. Hardy
    Search
  17. U. S. 638 , 465 U. S. 643 (1984) (quoting Stovall v. Denno
    Search
  18. Linkletter v. Walker
    Search
  19. supra, at 465 U. S. 646 , 647. The rule in Batson v. Kentucky
    Search
  20. is an explicit and substantial break with prior precedent. In Swain v. Alabama
    Search
  21. only the first of which may have some impact on truthfinding. See Brown v. Louisiana
    Search
  22. Tehan v. United
    Search
  23. and supports a decision that the new rule should not be retroactive. Solem v. Stumes
    Search
  24. Linkletter v. Walker
    Search
  25. should be applied to cases that were pending on direct appeal at the time our decision was announced. See Griffith v. Kentucky
    Search
  26. No. 85-5221 (cert. granted, 476 U.S. 1157 (1986)), and Brown v. United
    Search
  27. substantial reliance by lower courts on the standard in Swain has been fully documented elsewhere. See Batson v. Kentucky
    Search
  28. McCray v. Abrams
    Search
  29. that petitioner was required to, and did not, establish cause and prejudice excusing his default. See Wainwright v. Sykes
    Search
  30. on the merits without affording the parties prior notice or an opportunity to file briefs. See, e.g., Los Angeles v. Heller
    Search
  31. Cuyahoga Valley R. Co. v. Transportation
    Search
  32. of the question they ask the Court to consider. Here, because the petition was filed prior to our decision in Batson v. Kentucky
    Search
  33. issue. In addition, that issue has not been addressed by lower courts in this case, or any other. See United States v. Hollywood
    Search
  34. indeed, I think that factor should generally be decisive. See Williams v. United
    Search
  35. McCray v. New
    Search
  36. the Court finds to counsel against retroactivity here are similarly unpersuasive. While Batson overruled Swain v. Alabama
    Search
  37. U.S. Supreme Court Allen v. Hardy
    Search
  38. Swain v. Alabama
    Search
  39. In Swain v. Alabama
    Search
  40. See Brown v. Louisiana
    Search
  41. Tehan v. United
    Search
  42. See Griffith v. Kentucky
    Search
  43. and Brown v. United
    Search
  44. See Batson v. Kentucky
    Search
  45. See Wainwright v. Sykes
    Search
  46. Los Angeles v. Heller
    Search
  47. See United States v. Hollywood
    Search
  48. See Williams v. United
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial