brief case johnson v zerbst

1555 results for brief case johnson v zerbst

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  • 424 U.S. 600 (1976), 74-928, United States v. Dinitz

    ... Meldon had not discussed the case with witnesses, the judge gave him ...'s opening statement briefly outlined the testimony that he ... standard set forth in Johnson v. Zerbst, 304 U.S. 458. This ...

  • 408 U.S. 238 (1972), 69-5003, Furman v. Georgia

    ... out of death penalty in these cases held to constitute cruel and unusual ... to say can, therefore, be briefly stated. Legislatures -- state and ... 18 See Johnson, The Negro and Crime, 217 Annals 93 ...Zerbst , 304 U.S. 458, 462 (1938), the ...

  • 825 F.3d 1103 (9th Cir. 2016), 14-16147, Loher v. Thomas

    Petitioner Frank O. Loher, convicted of sexual assault and given an extended-term sentence, filed a petition for habeas relief. The district court in Loher VI granted the writ on all three of Loher’s claims: (1) that the trial court violated Loher’s constitutional rights by forcing him to testify; (2) that Loher’s appellate counsel rendered ineffective assistance for failing to raise the forced...

    ... case would " finish this early . . . ...Although. Loher's briefing did not clearly set forth his ... Constitution . . . ." Johnson v. Uribe, 700. F.3d 413, 425 ... Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 ...

  • 425 U.S. 25 (1976), 74-175, Middendorf v. Henry

    ... four methods of disposing of cases involving servicemen's offenses: ... of counsel would convert a brief, informal hearing, which may be ... of life and liberty." Johnson v. Zerbst , 304 U.S. 458, 462 ...

  • 789 F.3d 83 (2nd Cir. 2015), 13-1388, United States v. Parse

    Defendant was convicted of mail fraud and of corruptly endeavoring to obstruct and impede the administration of the internal revenue laws. On appeal, defendant argued that he should have been granted a new trial on the ground of newly discovered evidence of juror bias. The court reversed the district court's denial of the motion where, in this case, the juror at issue aligned herself with the...

    ..., New York, New York, on the brief), for Appellee. . . ... or a defendant in a civil case or a criminal case?" (Trial Tr. ...-quoted statement, had cited Johnson v. Hill, 274 F.2d 110, 115-16 (8th ...Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, ...

  • Pro se paternalism: the contractual, practical, and behavioral cases for automatic reversal.

    ...This Part briefly sets forth more global criticisms of the use of .... (9) Johnson v. Zerbst, 304 U.S. 458, 462-63 (1938). . (10) ...

  • Gideon's shadow.

    ... important right in many such cases, but the point here is to illustrate ...Part I provides a brief overview and tribute to the judicial ...at 343 (quoting Johnson v. Zerbst, 304 U.S. 458, 462 (1938)) ...

  • Janus v. American Federation of State, 062718 FEDSC, 16-1466

    If a union is designated as the exclusive representative of Illinois public sector employees it represents even those who do not join; individual employees may not be represented by another agent or negotiate directly with their employer. Nonmembers are required to pay an “agency fee,” a percentage of the full union dues to cover union expenditures attributable to activities “germane” to the...

    ... have been the case 41 years ago when Abood was. ... defective lawsuit." Union Brief in. Opposition 11; see also ...Johnson v. Zerbst, 304. U.S. 458, 464 ...

  • THE SIXTH AMENDMENT FACADE: THE RACIAL EVOLUTION OF THE RIGHT TO COUNSEL.

    ... sources, oral histories, case law, and secondary literature. . The ...Notwithstanding the brief treatment these moments receive in ... Lopez, Bert Huang, Jasmine Johnson, Olati Johnson, Jeremy Kessler, .... (163) See Johnson v. Zerbst, 304 U.S. 458, 467 (1938) (holding ...

  • 824 F.3d 148 (1st Cir. 2016), 15-1081, Jenkins v. Bergeron

    Jenkins was convicted in Massachusetts state court in 2005 of the first-degree murder of his cousin and was sentenced to life in prison. He did not testify. The state trial court denied Jenkins's motion for a new trial, and the Supreme Judicial Court (SJC) affirmed. The federal district court denied his habeas petition and granted a certificate of appealability only on the issue of Jenkins's...

    ... whom Graham & Graham was on brief, for. appellant. . . ... facts of this case. The state trial court denied. ...2013). (citing Johnson v. Williams, 133 S.Ct. 1088,. ...He cites Johnson v. Zerbst, 304 U.S. 458, 58. S.Ct. 1019, ...

  • Gideon at Guantanamo: democratic and despotic detention.

    ... OF OUR DEMOCRACY [I]n any case which a person is being held he has ... episodically in the 9/11 briefing, transcripts, and opinions. But the ... was the 1938 decision in Johnson v. Zerbst, 304 U.S. 458 (1938), ...

  • Garza v. Idaho, 022719 FEDSC, 17-1026

    ... . . (b) This case hinges on two procedural devices: ...See Brief for Respondent. 11, 23-26; ... cases. Johnson v. Zerbst, 304 U.S. 458, 462-463. ...

  • 321 U.S. 414 (1944), 374, Yakus v. United States

    ... oral hearing in appropriate cases, the Court does not consider, in the ... evidence, affidavits and briefs, the Act contemplates, and the ... Compare White v. Johnson , 282 U.S. 367, 374. 5 . ...371; Johnson v. Zerbst , 304 U.S. 458; Mooney v. Holohan , ...

  • 488 U.S. 361 (1989), 87-7028, Mistretta v. United States

    ... United States v. Johnson, 682 F.Supp. 1033 (1988). 2 . ... employed in criminal cases a system of indeterminate ... See Zerbst v. Kidwell , 304 U.S. 359, 363 ...Brief for Petitioner 21. ...

  • Criminals get all the rights: the sociolegal construction of different rights to die.

    .... While hardly the first legal case to present the question of ...Johnson, Note, The Death Row Right to Die: ... to require issues to be briefed. Colwell v. State, 543 S.E.2d 682, ...Zerbst, 304 U.S. 458,464 (1938). . (24) A ...

  • Federal public defense in an age of inquisition.

    ... twenty-five years earlier in Johnson v. Zerbst, (4) and Gideon was a ...) Nor was there any funding for case-related expenses, much less ...In this Essay, I begin with a brief overview of federal criminal ...

  • 470 U.S. 522 (1985), 84-690, United States v. Gagnon

    ...Ibid., citing Johnson v. Zerbst, 304 U.S. 458, 464 (1938). ...at 115.        In this case, the presence of the four ... permitted an opportunity to brief and argue the merits. Given the ...

  • A fair trial: when the Constitution requires attorneys to investigate their clients' brains.

    ... assistance of counsel and briefly describes neuroscience evidence, ... Neuroscience Evidence in Some Cases B. When the Strickland Standard ...45 (1932); Johnson v. Zerbst, 304 U.S. 458 (1938); and ...

  • 846 F.3d 144 (6th Cir. 2017), 16-1137, Pouncy v. Palmer

    Pouncy, age 18, was charged with carjacking, armed robbery, felony firearm possession, and being a felon in possession of a firearm. The Michigan state court appointed attorney Breczinski to represent Pouncy. Before trial, Pouncy complained that he had not been able to talk to Breczinski and that Breczinski had not investigated his defenses. Based on an erroneous calculation, the court told...

    ... BRIEF":. . .         \xC2"...Pouncy elected to have his case tried. to a jury, and the ... proceedings.'" Johnson v. Williams, 133. S.Ct. 1088, ...Zerbst,. 304 U.S. 458, 464, 58 S.Ct. ...

  • 483 U.S. 435 (1987), 85-1581, Solorio v. United States

    ...         This case presents the question whether the ...333, 348 (1907); Johnson v. Sayre , 158 U.S. 109, 114 (1895); ...1, 6-9 (1921); Givens v. Zerbst , 255 U.S. 11, 20-21 (1921). This ... fact, petitioner, in his reply brief and at oral argument, did not ...

  • 906 F.3d 866 (10th Cir. 2018), 16-1503, Vreeland v. Zupan

    ... General, with him on the brief), Denver, Colorado,. for ... ultimate resolution of th[e] case before a jury.". Id. Likewise, ...1770 (quoting. Johnson v. Zerbst, 304 U.S. 458, 464, 58 ...

  • Why only Gideon? Martinez v. Ryan and the "equitable" right to counsel in habeas corpus.

    .... In a prior article, A Case for a Constitutional Right to ... as follows: Part I briefly reviews the relevant right to ... in original) (quoting Johnson v. Zerbst, 304 U.S. 458, 462 ...

  • 312 U.S. 329 (1941), 364, Smith v. O'Grady

    ... corps alleging facts showing a case of incarceration for a serious ...'s failure to file a printed brief in that court, and that this was an ...Johnston ante, p. 275; Johnson...275; Johnson v. Zerbst...

  • 844 F.3d 137 (3rd Cir. 2016), 15-1402, United States v. Robinson

    Robinson robbed a Subway restaurant with a gun. Later that day, he robbed Anna’s Linens store, using a handgun. Both robberies were recorded by video cameras. The next day, the Subway cashier recognized Robinson on the street and notified police. Robinson was arrested. Suspecting that Robinson might have committed the Anna’s robbery, a Philadelphia detective prepared a photo array. The Anna’s

    ... jurisdiction over Robinson's case pursuant to. 18 U.S.C. § ... decision in Johnson v. United States. [4] Because we. ... was not raised again after its brief mention at the end. of ... see Johnson v. Zerbst, 304 U.S. 458,. 464-65, 58 ...