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Hawk Vs. Olson
Cites for this judgment
- US Supreme Court
- Nov 13, 1945
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U.S. 271 (1945) U.S. Supreme Court Hawk v. OlsonSearch
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U.S. 271 (1945) Hawk v. OlsonSearch
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habeas corpus to inquire into petitioner's detention for want of merit and failure to state a cause of action. Hawk v. OlsonSearch
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hearing on the claimed violations of the due process clause in his conviction for murder in the first degree. Lisenba v. CaliforniaSearch
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that the applicant must set forth the facts from which it must appear that he will be entitled to discharge. Hawk v. OlsonSearch
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the way of further specification may be furnished, if available, and permissible under the law of Nebraska ( see Hawk v. OlsonSearch
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supra, 16 N.W.2d 183 r.c.), by petitioner on a new hearing. Cf. Tomkins v. MissouriSearch
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with the right of appeal, we accept the decision of Nebraska that the first cannot be raised by habeas corpus ( Hawk v. OlsonSearch
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consult counsel, and prepare a defense. Denial of effective assistance of counsel does violate due process. Powell v. AlabamaSearch
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White v. RagenSearch
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U. S. 760 , 324 U. S. 764 . Since Frank v. MangumSearch
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presented, to examine whether a conviction occurred under such influence by mob spirit as to deny due process. Frank v. MangumSearch
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coercion, and this Court said that, if the facts set out were true, the trial would not support a conviction. Moore v. DempseySearch
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U. S. 86 . In Mooney v. HolohanSearch
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to the services of an attorney unless he has intelligently waived that privilege. Page 326 U. S. 276 Johnson v. ZerbstSearch
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U. S. 275 , 312 U. S. 286 . The same is true in instances of coercion. Waley v. JohnstonSearch
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U. S. 104 . In state prosecutions, a conviction on a plea of guilty, obtained by a trick, Smith v. O'GradySearch
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refusal of a proper request for counsel, because of the accused's incapacity adequately to defend himself, Williams v. KaiserSearch
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will not support imprisonment. Such procedure violates the Fourteenth Amendment to the Constitution. See Tomkins v. MissouriSearch
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defendant is forced by a state to trial in such a way as to deprive him of the effective assistance of counsel. Powell v. AlabamaSearch
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Glasser v. UnitedSearch
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the federal courts will entertain habeas corpus to redress the violation of the federal constitutional right. White v. RagenSearch
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constitutional violation, creeps into the record, we have the responsibility to review the state proceedings. Williams v. KaiserSearch
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Amendment. The record is either silent on or not inconsistent with anything material in these allegations. Cf. Tomkins v. MissouriSearch
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Bourne v. StateSearch
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Neb. 141, 216 N.W. 173. The defendant needs counsel, and counsel needs time. Cf. Tomkins v. MissouriSearch
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with counsel and secure any needed witnesses. He may have intelligently waived his constitutional rights. Adams v. UnitedSearch
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the present issues. Compare Salinger v. LoiselSearch
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reported cases show the efforts of petitioner to secure release. There are other proceedings not reported. Hawk v. O'GradySearch
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Walker v. JohnsonSearch
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U.S. Supreme Court Hawk v. OlsonSearch
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Lisenba v. CaliforniaSearch
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Cf. Tomkins v. MissouriSearch
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Powell v. AlabamaSearch
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Since Frank v. MangumSearch
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Moore v. DempseySearch
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In Mooney v. HolohanSearch
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Waley v. JohnstonSearch
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Smith v. O'GradySearch
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the Constitution. See Tomkins v. MissouriSearch
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Adams v. UnitedSearch
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