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Oregon Vs. Guzek

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  • US Supreme Court
  • Feb 22, 2006

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62 entries 9 linked 53 unlinked
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  1. Penry Vs. Lynaugh US Supreme Court · Jun 26, 1989
  2. Delaware Vs. Prouse US Supreme Court · Mar 27, 1979
  3. United Air Lines, Inc. Vs. Mahin US Supreme Court · Mar 05, 1973
  4. Bell Vs. Ohio US Supreme Court · Jul 03, 1978
    Relied / Followed
  5. Boyde Vs. California US Supreme Court · Mar 05, 1990
  6. Lockhart Vs. Mccree US Supreme Court · May 05, 1986
  7. FranklIn Vs. Lynaugh US Supreme Court · Jun 22, 1988
  8. South Dakota Vs. Neville US Supreme Court · Feb 22, 1983
  9. Mccleskey Vs. Kemp US Supreme Court · Apr 22, 1987
  10. Syllabus October Term, 2005 Oregon V. Guzek
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  11. Lockett v. Ohio
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  12. U. S. 586 , 604 (plurality opinion), and Green v. Georgia
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  13. on his guilt of the basic crime of conviction. Franklin v. Lynaugh
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  14. U. S. 164 , 173, n. 6 (plurality opinion). Lockett v. Ohio
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  15. supra , and Green v. Georgia
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  16. at which, in principle, that matter is not at issue. The law typically discourages such collateral attacks. Cf. Allen v. McCurry
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  17. in which Thomas, J., joined. Alito, J., took no part in the consideration or decision of the case. Oregon v. Guzek
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  18. Opinion of the Court Oregon V. Guzek
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  19. Supreme Court of the United States No. 04-928 Oregon, Petitioner V. Randy
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  20. Id. , at 54 (quoting Lockett v. Ohio
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  21. to Pet. for Cert. 56 (recognizing that this aspect of Lockett was adopted by a majority of the Court in Eddings v. Oklahoma
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  22. s holding in Green v. Georgia
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  23. solely for a federal reason. And we possess jurisdiction. See, e.g., South Dakota v. Neville
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  24. see also City of Revere v. Massachusetts
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  25. found in the Eighth Amendment a constitutional right broad enough to encompass the evidence here at issue. In Lockett v. Ohio
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  26. Id., at 604 (emphasis added and deleted). And in Eddings v. Oklahoma
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  27. U. S. 104 , the Court majority adopted this statement. See also McCleskey v. Kemp
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  28. s decision in Green v. Georgia
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  29. that the Constitution prohibited the State from barring use of the confession. 442 U. S., at 97 (quoting Chambers v. Mississippi
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  30. blocked admission of the evidence. In any event, subsequent to Green, this Court decided Franklin v. Lynaugh
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  31. Connor, J., concurring in judgment). See also Penry v. Lynaugh
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  32. this defendant with a right to introduce the evidence at issue. See, e.g., Alabama State Federation of Labor v. McAdory
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  33. Penry, supra, at 328 (quoting Woodson v. North
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  34. see, e.g., Johnson v. Texas
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  35. California v. Brown
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  36. in principle, that matter is not at issue. The law typically discourages collateral attacks of this kind. Cf. Allen v. McCurry
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  37. the question presented. The Oregon courts are free to consider it on remand should they believe it appropriate to do so. v. For
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  38. It is so ordered. Justice Alito took no part in the consideration or decision of this case. Oregon v. Guzek
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  39. Scalia, J., Concurring in Judgment Oregon V. Guzek
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  40. dissenting opinion). Nothing has changed on that score in the last 20 years. On the contrary, in Franklin v. Lynaugh
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  41. lower courts have unanimously denied constitutional claims like the one we consider today. See, e.g. , Ziegler v. Crosby
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  42. Evans v. Thompson
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  43. Duest v. State
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  44. Commonwealth v. Fisher
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  45. People v. Emerson
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  46. State v. Fletcher
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  47. Melson v. State
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  48. Crim. App. 1999). The last apparent scrap of authority for the contrary view came from our cryptic opinion in Green v. Georgia
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  49. Lockett v. Ohio
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  50. and Green v. Georgia
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