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girl
petit
jury
found
respondent
guilty
charge
beyond
reasonable
doubt
trial
fairness
unchallenged
years
later
asked
grant
respondent
petition
writ
habeas
corpus
thereby
require
new
trial
still
feasible
ground
blacks
purposefully
excluded
grand
jury
indicted
undisputed
race
discrimination
long
since
disappeared
grand
jury
selection
process
kings
county
california
undisputed
grand
jury
perfectly
represented
kings
county
population
time
respondent
indictment
contained
one
black
member
yet
holds
respondent
petition
must
granted
respondent
must
freed
unless
state
able
reconvict
two
decades
murder
led
incarceration
difficult
reconcile
result
rational
system
justice
nevertheless
finds
decision
compelled
century
precedent
interests
respondent
society
ending
race
discrimination
selection
grand
juries
dissent
two
reasons
first
view
error
selection
grand
jury
indicted
respondent
constitutionally
harmless
second
even
assuming
rule
apply
reversal
respondent
conviction
inappropriate
remedy
wrong
prompts
case
concludes
rule
apply
claims
grand
jury
discrimination
ante
conclusion
said
follow
line
cases
going
back
years
ante
view
follows
misapplication
doctrine
stare
decisis
adhering
precedent
usually
wise
policy
matters
important
applicable
rule
law
settled
settled
right
burnet
coronado
oil
gas
brandeis
dissenting
accordingly
departure
doctrine
stare
decisis
demands
special
justification
arizona
rumsey
garcia
san
antonio
metropolitan
transit
authority
powell
dissenting
nevertheless
governing
decisions
badly
reasoned
conflict
recent
authority
never
felt
constrained
follow
precedent
smith
allwright
instead
particularly
constitutional
issues
involved
shown
readiness
correct
errors
even
though
long
standing
barnett
case
misapplies
stare
decisis
relies
decisions
concerning
grand
jury
discrimination
precedent
including
important
cases
recent
vintage
cited
control
case
cases
hold
clearly
imply
conviction
reversed
constitutional
error
error
affect
outcome
prosecution
chapman
california
held
trial
judge
improper
comment
defendant
failure
testify
clear
violation
fifth
fourteenth
amendments
proper
basis
reversal
harmless
since
chapman
consistently
made
clear
duty
reviewing
consider
trial
record
whole
ignore
errors
harmless
including
constitutional
violations
hasting
rule
applied
variety
constitutional
violations
see
harrington
california
use
confession
violation
confrontation
clause
coleman
alabama
denial
counsel
preliminary
hearing
milton
wainwright
use
confession
obtained
violation
right
counsel
gerstein
pugh
illegal
arrest
doctrines
reflect
principle
defendant
claiming
ineffective
assistance
counsel
must
show
counsel
incompetence
caused
actual
prejudice
strickland
washington
even
though
counsel
made
errors
serious
functioning
counsel
guaranteed
sixth
amendment
ibid
similarly
defendant
barred
procedural
default
asserting
constitutional
claim
direct
appeal
raise
claim
habeas
corpus
without
showing
error
actually
prejudiced
frady
see
also
wainwright
sykes
rose
mitchell
contended
principle
cases
inapplicable
grand
jury
discrimination
claims
grand
jury
discrimination
destroys
appearance
justice
thereby
casts
doubt
integrity
judicial
process
every
constitutional
error
may
said
raise
questions
appearance
justice
integrity
judicial
process
nevertheless
cases
cited
show
required
showing
actual
prejudice
defendant
prerequisite
reversal
even
constitutional
error
directly
affects
fairness
defendant
trial
compare
strickland
washington
supra
requiring
prejudice
ineffective
assistance
counsel
claims
gideon
wainwright
emphasizing
importance
right
counsel
ensure
fair
trial
grand
jury
discrimination
serious
violation
constitutional
order
also
deprivations
rights
guaranteed
fourth
fifth
sixth
fourteenth
amendments
applied
analysis
analogous
prejudice
requirement
moreover
grand
jury
discrimination
occurs
prior
trial
asserted
constitutional
violations
cases
occurred
trial
adequately
explain
grand
jury
discrimination
affects
integrity
judicial
process
greater
extent
deprivation
equally
vital
constitutional
rights
exempt
prejudice
requirement
constitutional
errors
years
ago
typically
prescient
opinion
justice
jackson
called
explanation
cassell
texas
jackson
dissenting
none
forthcoming
rose
mitchell
supra
stewart
concurring
judgment
since
cases
cited
show
firmly
established
principle
error
affect
outcome
prosecution
justify
reversing
otherwise
valid
conviction
proposition
decisions
last
two
decades
reinforced
flatly
inconsistent
result
reached
today
failure
reconcile
conflict
violates
doctrine
stare
decisis
dissent
decision
reason
alone
reasoning
chapman
progeny
accords
rational
system
justice
one
fully
preserves
constitutional
rights
recognizes
every
violation
undermines
fairness
given
conviction
case
grand
jury
error
affect
fairness
respondent
trial
otherwise
injure
respondent
cognizable
way
infra
therefore
reverse
appeals
ii
even
assuming
principles
inapplicable
case
unjustifiably
extends
century
precedent
relies
decisions
require
reversal
conviction
ground
preceded
indictment
issued
discriminatorily
selected
grand
jury
purposes
automatic
reversal
rule
require
otherwise
one
questions
race
discrimination
grand
jury
selection
violates
equal
protection
clause
fourteenth
amendment
rose
mitchell
stewart
concurring
judgment
white
dissenting
issue
case
whether
state
erred
done
question
whether
reversal
respondent
conviction
either
compelled
constitution
appropriate
constitutionally
required
remedy
racial
discrimination
selection
grand
jurors
see
bush
lucas
davis
passman
bivens
six
unknown
federal
narcotics
agents
harlan
concurring
judgment
constitution
compel
rule
automatic
reversal
applies
today
hobby
acknowledged
discriminatory
selection
grand
jury
foremen
violated
constitution
concluded
reversing
petitioner
conviction
inappropriate
remedy
violation
since
grand
jury
foremen
play
minor
part
federal
prosecutions
see
also
oregon
elstad
suppression
evidence
obtained
violation
miranda
arizona
constitutionally
compelled
leon
suppression
evidence
obtained
violation
fourth
amendment
constitutionally
compelled
stone
powell
see
generally
monaghan
foreword
constitutional
common
law
harv
rev
rationale
hobby
squared
claim
discriminatory
selection
body
charged
defendant
compels
reversal
defendant
conviction
rather
necessary
determine
whether
reversal
respondent
conviction
appropriate
remedy
exclusion
blacks
grand
juries
kings
county
california
hobby
supra
see
rose
mitchell
supra
weighing
costs
benefits
awarding
relief
petitioners
claiming
grand
jury
discrimination
cf
merrill
common
law
powers
federal
courts
chi
rev
arguing
judicially
created
remedies
appropriate
necessary
order
preserve
specifically
intended
federal
right
determination
depends
utility
remedy
either
correcting
injustice
respondent
deterring
unconstitutional
conduct
state
officials
ii
remedy
costs
society
leon
supra
stone
powell
supra
scope
remedy
depends
part
nature
degree
harm
caused
wrong
perceives
two
kinds
harm
flowing
grand
jury
discrimination
harm
respondent
interest
charged
convicted
race
harm
society
interest
deterring
racial
discrimination
consider
turn
asserted
interests
degree
served
case
automatic
reversal
rule
contend
discriminatory
selection
grand
jury
indicted
respondent
calls
question
correctness
decision
indict
contention
withstand
analysis
following
indictment
murder
respondent
convicted
charge
trial
jury
whose
fairness
challenged
conviction
affirmed
direct
appeal
establishes
grand
jury
decision
indict
indisputably
correct
rose
mitchell
supra
stewart
concurring
judgment
cassell
texas
jackson
dissenting
justice
jackson
expressed
point
best
hardly
lies
mouth
defendant
fairly
chosen
trial
jury
found
guilty
beyond
reasonable
doubt
say
indictment
attributable
prejudice
case
trial
judge
heard
prosecution
evidence
ruled
sufficient
warrant
conviction
appellate
courts
held
question
us
moreover
jury
admittedly
chosen
without
racial
discrimination
heard
prosecution
defendant
evidence
held
guilt
beyond
reasonable
doubt
proved
finding
affirmed
appeal
circumstances
frivolous
contend
grand
jury
however
constituted
done
duty
way
indict
cassell
texas
supra
dissenting
reasoning
ignores
established
principles
equal
protection
jurisprudence
consistently
declined
find
violation
equal
protection
clause
absent
finding
intentional
discrimination
arlington
heights
metropolitan
housing
development
washington
davis
showing
case
indeed
respondent
even
allege
kings
county
grand
jury
indicted
respondent
race
grand
jury
declined
indict
white
suspects
fact
similarly
strong
evidence
sensible
assume
impermissible
discrimination
might
occurred
simply
grand
jury
black
members
never
suggested
racial
composition
grand
jury
gives
rise
inference
indictments
racially
motivated
suggested
suspect
arrested
policeman
different
race
may
challenge
subsequent
conviction
basis
holds
relief
justified
part
bare
potential
unsupported
evidence
grand
jury
charged
respondent
race
justification
square
previous
decisions
area
time
fails
explain
outcome
case
castaneda
partida
example
ordered
new
trial
hispanic
petitioner
indicted
grand
jury
half
whose
members
hispanic
whatever
value
result
might
justified
ground
grand
jury
indicted
petitioner
race
case
due
small
number
blacks
kings
county
random
selection
system
well
resulted
grand
jury
identical
one
indicted
respondent
perfectly
representative
grand
jury
one
whose
composition
reflected
county
racial
mix
contained
one
black
member
neither
outcome
justified
inference
respondent
charged
race
see
akins
texas
inference
racial
bias
decision
indict
placed
one
side
must
precedents
impossible
conclude
discriminatory
selection
kings
county
grand
jurors
caused
respondent
suffer
cognizable
injury
may
theoretical
possibility
different
grand
jury
might
decided
indict
indict
less
serious
charge
fact
remains
however
grand
jury
decision
indict
correct
matter
law
given
respondent
subsequent
unchallenged
conviction
defendant
right
grand
jury
errs
favor
interest
bound
trial
absence
evidence
guilt
see
costello
burton
concurring
based
impermissible
factors
race
see
oyler
boles
allegation
rights
violated
case
decision
therefore
justified
means
redressing
wrong
respondent
respondent
suffered
prejudice
grand
jury
discrimination
prompted
claim
remedy
must
stand
fall
utility
deterrent
government
officials
seek
exclude
particular
groups
grand
juries
weighed
cost
remedy
imposes
society
see
leon
properly
emphasizes
grand
jury
discrimination
grave
constitutional
trespass
ante
leaps
observation
conclusion
matter
claim
raised
appropriate
response
reverse
conviction
one
indicted
discriminatorily
selected
body
conclusion
erroneously
suggests
compelled
precedent
equally
important
seriously
disserves
public
interest
cases
relies
involved
relatively
brief
lapses
time
defendant
trial
granting
relief
fact
unsurprising
since
recently
determined
claims
grand
jury
discrimination
may
raised
federal
habeas
corpus
proceedings
see
rose
mitchell
prior
grand
jury
discrimination
cases
arose
direct
appeal
conviction
cases
time
defendant
indictment
decision
six
years
less
today
twice
granted
relief
habeas
corpus
petitioners
alleging
grand
jury
discrimination
cases
involved
delays
comparable
delay
reflected
cases
arose
direct
appeal
see
castaneda
partida
decision
announced
five
years
indictment
peters
kiff
decision
announced
six
years
indictment
case
raises
open
question
whether
relief
denied
discrimination
claim
pressed
many
years
conviction
state
show
delay
prejudiced
ability
retry
defendant
respondent
first
raised
grand
jury
discrimination
claim
federal
years
conviction
almost
since
respondent
tried
murder
since
discrimination
occurred
finds
time
lapse
irrelevant
view
critically
important
increases
societal
cost
chosen
remedy
lessens
deterrent
force
remedy
may
otherwise
rose
mitchell
supra
reasoned
rule
automatic
reversal
imposes
limited
costs
society
since
state
able
retry
successful
petitioners
since
state
remains
free
use
proof
introduced
obtain
conviction
first
trial
case
relief
granted
many
years
original
conviction
circumstances
state
may
find
severely
handicapped
ability
carry
heavy
burden
proving
guilt
beyond
reasonable
doubt
original
verdict
turned
jury
credibility
judgments
long
delays
effectively
eliminate
state
ability
reconstruct
case
even
credibility
central
passage
time
may
make
right
retry
defendant
matter
theory
friendly
innocence
irrelevant
collateral
attack
criminal
judgments
chi
rev
witnesses
die
move
away
physical
evidence
lost
memories
fade
reasons
noted
greater
lapse
time
unlikely
becomes
state
reprosecute
retrials
held
necessary
peyton
rowe
citation
omitted
long
delays
also
dilute
effectiveness
reversal
rule
deterrent
case
illustrative
architect
discriminatory
selection
system
led
respondent
claim
judge
wingrove
died
years
ago
respondent
allege
discriminatory
practices
survived
judge
wingrove
evidence
record
support
allegation
hard
believe
judge
wingrove
might
behaved
differently
known
convicted
defendant
might
freed
years
death
yet
exactly
proposition
must
justify
remedy
imposed
case
people
positions
similar
judge
wingrove
change
behavior
fear
successful
habeas
petitions
long
left
office
otherwise
passed
scene
proposition
say
least
highly
questionable
concerns
require
different
balance
struck
case
one
cases
grand
jury
discrimination
claim
adjudicated
short
time
petitioner
conviction
least
focus
directly
aspect
delay
increases
costliness
remedy
allowing
state
show
substantially
prejudiced
ability
retry
respondent
showing
made
respondent
petition
relief
denied
approach
also
identify
cases
granting
habeas
relief
expected
least
deterrent
value
state
likely
suffer
greatest
prejudice
cases
long
delay
cases
automatic
reversal
rule
least
likely
alter
behavior
discriminatory
officials
approach
leave
rule
defends
intact
precisely
cases
good
least
harm
cases
responsible
officials
likely
accountable
forcing
state
prove
case
retrial
reconviction
plausible
possibilities
iii
years
ago
respondent
fairly
convicted
serious
crimes
respondent
grand
jury
discrimination
claim
casts
doubt
adequacy
procedures
used
convict
sufficiency
evidence
guilt
reason
alone
reverse
appeals
decision
even
assuming
harmlessness
error
irrelevant
however
reversal
still
required
inappropriately
applies
deterrence
rule
context
unlikely
deter
costs
society
likely
especially
high
considerations
least
lead
remand
determination
whether
long
lapse
time
since
respondent
conviction
prejudice
state
ability
retry
respondent
follows
neither
paths
instead
affirms
decision
likely
mean
respondent
must
freed
good
purpose
result
compelled
precedent
consequences
justify
reconsidering
decisions
thought
require
therefore
dissent
respondent
thrice
sentenced
death
murder
see
people
hillery
cal
ante
sentence
ultimately
reduced
life
imprisonment
california
found
imposition
death
penalty
cases
inconsistent
california
constitution
ibid
according
census
figures
kings
county
population
age
black
hillery
pulley
supp
ed
cal
respondent
grand
jury
consisted
individuals
white
stated
strickland
hen
defendant
challenges
conviction
question
whether
reasonable
probability
absent
errors
factfinder
reasonable
doubt
respecting
guilt
although
parts
justice
blackmun
opinion
rose
mitchell
joined
four
justices
precedential
weight
subject
question
particular
part
ii
opinion
part
discusses
legal
principles
applicable
grand
jury
discrimination
claims
generally
joined
five
justices
also
joined
judgment
cf
gregg
georgia
holding
position
taken
members
concurred
judgments
narrowest
grounds
moreover
opinion
discussion
general
principles
irrelevant
result
turned
insufficiency
evidence
discrimination
view
therefore
rose
little
advisory
opinion
see
flast
cohen
frankfurter
note
advisory
opinions
harv
rev
respondent
allege
discriminatory
selection
grand
jurors
continued
anything
record
support
allegation
california
affirmed
respondent
conviction
rehearing
reversed
respondent
death
sentence
affirmed
conviction
ante
respondent
presently
serving
sentence
life
imprisonment
criminal
cases
kings
county
initiated
information
rather
indictment
decade
ending
kings
county
grand
juries
indicted
total
four
persons
one
black
people
hillery
cal
cert
denied
light
facts
claim
discriminatory
selection
grand
jurors
mechanism
applying
different
standards
black
offenders
white
counterparts
seems
altogether
fanciful
direct
evidence
grand
jury
discriminated
respondent
race
discrimination
case
directed
respondent
black
residents
kings
county
barred
serving
grand
juries
race
nothing
record
support
finding
grand
jurors
discriminated
anyone
basis
race
otherwise
failed
discharge
duties
properly
instead
apparently
acknowledges
validly
convicted
criminal
defendant
must
show
deliberately
charged
account
race
order
obtain
reversal
conviction
ante
citing
batchelder
respondent
even
alleged
much
less
shown
discrimination
directed
see
supra
intend
suggest
respondent
obtained
judicial
review
sufficiency
evidence
indictment
based
see
calandra
indictment
valid
face
subject
challenge
ground
grand
jury
acted
basis
inadequate
incompetent
evidence
suggest
assuming
attack
permitted
respondent
show
violation
personal
right
case
separate
opinion
rose
mitchell
took
position
habeas
petitioner
given
full
opportunity
litigate
grand
jury
discrimination
claim
state
permitted
litigate
claim
federal
habeas
corpus
powell
concurring
judgment
remain
convinced
conclusion
correct
believe
case
stare
decisis
weighs
persuasively
reexamining
question
whether
defendant
permitted
relitigate
claim
bearing
either
guilt
fairness
trial
convicted
rose
mitchell
decided
case
examined
issue
rose
authority
questionable
see
supra
justice
doubt
whether
respondent
full
fair
opportunity
litigate
grand
jury
discrimination
claim
state
ante
concurring
judgment
respondent
concedes
fact
relitigate
claim
state
habeas
corpus
proceedings
brief
respondent
appealed
denial
relief
california
ibid
view
afforded
respondent
entirely
adequate
opportunity
litigate
state
courts
underlying
discrimination
claim
subsidiary
claim
judge
wingrove
biased
adjudicator
unnecessary
actually
decide
issue
case
conclude
judgment
reversed
two
grounds
harmlessness
error
inappropriateness
remedy
cases
discrimination
claim
raised
long
claimant
conviction
retrial
difficult
impossible
longest
time
lapse
occurred
strauder
west
virginia
strauder
defendant
indicted
october
decision
rendered
march
decided
two
cases
state
might
argued
long
delay
raising
grand
jury
discrimination
claim
prejudiced
state
ability
retry
defendant
instances
denied
relief
grounds
francis
henderson
petitioner
raised
grand
jury
discrimination
claim
seven
years
conviction
denied
relief
exhaustion
grounds
tollett
henderson
petitioner
raised
grand
jury
claim
years
conviction
held
claim
foreclosed
petitioner
pleaded
guilty
pursuant
competent
legal
advice
reason
delay
irrelevant
unless
bad
faith
state
part
shown
respondent
suffered
injury
kings
county
discriminatory
selection
grand
juries
fairly
complain
required
raise
claim
promptly
order
secure
windfall
moreover
respondent
appear
blameless
long
delay
california
finally
rejected
respondent
grand
jury
discrimination
claim
respondent
next
raised
claim
sought
postconviction
relief
state
intervening
nine
years
respondent
raised
repeated
challenges
ultimately
successfully
death
sentence
apparent
reason
respondent
simultaneously
sought
postconviction
relief
grand
jury
discrimination
claim
successful
require
new
trial
guilt
approach
one
respondent
position
may
wise
wait
raise
discrimination
claim
state
longer
reconvict
due
death
disappearance
witnesses
loss
physical
evidence
effect
strategy
permit
prisoner
commute
legally
imposed
sentence
life
long
duration
risk
society
tolerate
claim
goes
petitioner
guilt
innocence
even
claim
seeks
otherwise
redress
wrong
done
petitioner
reason
tolerate
risk
claimant
fairly
convicted
suffered
prejudice
asserted
constitutional
error
suggests
rule
habeas
corpus
rules
together
congressional
inaction
counsels
considering
prejudice
state
ability
retry
respondent
case
ante
suggestion
erroneous
rule
permits
state
defend
repetitious
habeas
petitions
see
woodard
hutchins
powell
joined
burger
blackmun
rehnquist
concurring
petitions
state
adequately
respond
due
petitioner
delay
filing
mayola
alabama
cert
denied
rule
terms
foreclose
consideration
lapse
time
petitioner
conviction
filing
habeas
petition
honeycutt
ward
friendly
concurring
judgment
cert
denied
important
rule
habeas
corpus
procedure
applicable
habeas
petitions
generally
purport
rule
substantive
law
defines
particular
substantive
claims
relief
congress
decision
amend
therefore
says
nothing
congress
intent
regard
remedy
applied
sum
question
whether
relief
respondent
seeks
appropriate
case
hobby
governed
neither
rule
congress
decisions
amend
rule
see
stone
powell
discussing
relationship
habeas
corpus
statute
rule
evidence
seized
violation
fourth
amendment
inadmissible
stated
fay
noia
recognize
limited
discretion
federal
judge
deny
habeas
corpus
relief
applicant
certain
circumstances
discretion
implicit
statutory
command
judge
granting
writ
holding
hearing
appropriate
scope
dispose
matter
law
justice
require
discretion
flexible
concept
employed
federal
courts
developing
exhaustion
rule
furthermore
habeas
corpus
traditionally
regarded
governed
equitable
principles
confidence
system
justice
eroded
one
found
guilty
murder
trial
conceded
fair
set
free
important
remember
criminal
law
aim
twofold
guilt
shall
escape
innocence
suffer
berger
see
also
agurs
decision
case
plainly
undermines
state
interest
punishing
guilty
without
either
protecting
innocent
ensuring
fundamental
fairness
procedures
pursuant
one
respondent
tried
convicted