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Carmell Vs. Texas
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- US Supreme Court
- Nov 30, 1999
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U.S. 513 (1999) October Term, 1999 Syllabus Carmell V. TexasSearch
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by other evidence, cannot be sustained under the Ex Post Facto Clause. Pp. 521-553. (a) In Calder v. BullSearch
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bills of attainder. Nor, as the United States and Texas argue, was the fourth category effectively cast out in Collins v. YoungbloodSearch
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that retrospectively alter the burden of proof is also rejected. 515 The Court's decision in Cummings v. MissouriSearch
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of proof is based on a mistaken historical premise. And its argument that the present case is controlled by Hopt v. TerritorySearch
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of Utah, 110 U. S. 574 , and Thompson v. MissouriSearch
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make a timely outcry), a defendant cannot be convicted, and the court must enter a judgment of acquittal. See Leday v. StateSearch
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Scoggan v. StateSearch
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and the case may be submitted to the jury and a conviction sustained. See Vickery v. StateSearch
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see also Burnham v. StateSearch
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trial court's error is remedied on appeal by reversing the conviction and remanding for a new trial. See, e. g., Miles v. StateSearch
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Beltran v. StateSearch
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court accepted the contention as correct for the purposes of its decision. We do the same here. 520 Weaver v. GrahamSearch
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restrictions upon the competency of certain classes of persons as witnesses' and is, thus, a rule of procedure. Hopt v. UtahSearch
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repealing a corroboration requirement has given rise to conflicting decisions,5 we granted peti- 5 Compare Utah v. SchreuderSearch
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Virgin Islands v. CivilSearch
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F.2d 255 (CA3 1979) (same), with New York v. HudySearch
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Dall. 386, 390 (1798) (Chase, J.). In Calder v. BullSearch
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Murphy v. SowdersSearch
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S. W. 2d 69 (Ky. 1983) (same). See also Idaho v. ByersSearch
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Bowyer v. UnitedSearch
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ratification by lawyers appearing before this Court and by the Court itself. See, e. g., Trustees of Dartmouth College v. WoodwardSearch
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Glass v. SloopSearch
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particular, the fourth category (sometimes quoting Chase's words verbatim, sometimes simply paraphrasing). See Lynce v. MathisSearch
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Malloy v. SouthSearch
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Mallett v. NorthSearch
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Thompson v. MissouriSearch
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Hawker v. NewSearch
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Hopt v. TerritorySearch
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U. S. 221, 228 (1883), overruled on other grounds, Collins v. YoungbloodSearch
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too, in the years following Calder, adopted Justice Chase's four-category formulation. See Boston & Gunby v. CumminsSearch
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Martindale v. MooreSearch
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Davis v. BallardSearch
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Strong v. StateSearch
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Dickinson v. DickinsonSearch
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see also Woart v. WinnickSearch
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to criminal laws, not to civil laws. The early criticism levied against that holding, see, e. g., Satterlee v. MatthewsonSearch
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