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Gonzalez Vs. United States

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  • US Supreme Court
  • May 12, 2008

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78 entries 7 linked 71 unlinked
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  1. United States Vs. Olano US Supreme Court · Apr 26, 1993
  2. Brookhart Vs. Janis US Supreme Court · Apr 18, 1966
  3. Rose Vs. Clark US Supreme Court · Jul 02, 1986
  4. Tollett Vs. Henderson US Supreme Court · Apr 17, 1973
  5. Reno Vs. Flores US Supreme Court · Oct 13, 1992
  6. United States Vs. Raddatz US Supreme Court · Jun 23, 1980
  7. Roell Vs. Withrow US Supreme Court · Apr 29, 2003
  8. Gonzalez v. United
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  9. States - 06-11612 (2008) Syllabus October Term, 2007 Gonzalez V. United
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  10. a federal magistrate judge may preside over the voir dire and jury selection in a felony criminal trial. Peretz v. United
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  11. Under Gomez v. United
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  12. s own consent to waive. See, e.g., New York v. Hill
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  13. Scalia, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Gonzalez v. United
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  14. States - 06-11612 (2008) Opinion of the Court Gonzalez V. United
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  15. Supreme Court of the United States No. 06-11612 Homero Gonzalez, Petitioner V. United
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  16. judges may preside over the voir dire and selection of prospective jurors in a felony criminal trial. Peretz v. United
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  17. F. 3d 390, 394 (2007). The Courts of Appeals differ on this issue. Compare ibid. , with United States v. Maragh
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  18. see also United States v. Desir
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  19. considered the question of magistrate judges presiding over the jury selection process in felony trials. In Gomez v. United
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  20. In Peretz v. United
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  21. it suffices to note that we have acknowledged that some rights cannot be waived by the attorney alone. See New York v. Hill
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  22. For certain fundamental rights, the defendant must personally make an informed waiver. See, e.g., Johnson v. Zerbst
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  23. Taylor v. Illinois
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  24. Link v. Wabash
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  25. R. Co. , 370 U. S. 626 , 634 (1962) (quoting Smith v. Ayer
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  26. Thus, decisions by counsel are generally given effect as to what arguments to pursue, see Jones v. Barnes
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  27. U. S. 745 , 751 (1983), what evidentiary objections to raise, see Henry v. Mississippi
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  28. U. S. 443 , 451 (1965), and what agreements to conclude regarding the admission of evidence, see United States v. McGill
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  29. mystifying process even for well-informed laypersons. This is one of the reasons for the right to counsel. See Powell v. Alabama
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  30. or at least the law should so assume. See Jones v. Barnes
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  31. see also Tollett v. Henderson
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  32. s consent in order to waive the right. See, e.g., Florida v. Nixon
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  33. Harris v. United
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  34. States , 536 U. S. 545 , 555 (2002) (quoting United States ex rel. Attorney General v. Delaware
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  35. see also Reno v. Flores
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  36. Peretz , supra , at 938 (quoting United States v. Raddatz
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  37. b), with Roell v. Withrow
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  38. are not presented here. The judgment of the Court of Appeals is affirmed. It is so ordered. Gonzalez v. United
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  39. States - 06-11612 (2008) Scalia, J., Concurring in Judgment Gonzalez V. United
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  40. which would have the effect of revoking the agency with respect to the action in question. See Brookhart v. Janis
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  41. rights cannot be waived unless a defendant personally participates in the waiver. See, e.g., Taylor v. Illinois
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  42. but never in a case where the suggestion governed the disposition. In New York v. Hill
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  43. an interpretation of the statute creating the right that counsel had waived, see id., at 115. And in Florida v. Nixon
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  44. the rights to trial, jury, and counsel. The exceptional line of precedent involves the right to counsel. See Johnson v. Zerbst
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  45. Since a formula repeated in dictum but never the basis for judgment is not owed stare decisis weight, see Lingle v. Chevron
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  46. But I doubt many think that the Sixth Amendment right to confront witnesses cannot be waived by counsel. See Diaz v. United
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  47. People v. Rathbun
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  48. of the 19th century, including Chief Justice Shaw of the Supreme Judicial Court of Massachusetts. See Commonwealth v. Dailey
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  49. provides that the waiver come from the defendant personally. Footnote 1 On the right to jury, Thompson v. Utah
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  50. later questioned whether Thompson even held that, and went on to hold that the right is waivable. See Patton v. United
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