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lane
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man
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new
york
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alabama
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harlan
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direct
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swain
alabama
prosecutor
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courts
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review
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habeas
corpus
courts
spoken
pp
patricia
unsinn
argued
cause
petitioner
briefs
theodore
gottfried
michael
pelletier
martin
carlson
david
bindi
assistant
attorney
general
illinois
argued
cause
respondents
brief
neil
hartigan
attorney
general
robert
ruiz
solicitor
general
terence
madsen
marcia
friedl
assistant
attorneys
general
briefs
amici
curiae
urging
reversal
filed
lawyers
committee
civil
rights
law
barry
sullivan
barry
levenstam
conrad
harper
stuart
land
norman
redlich
william
robinson
judith
winston
naacp
legal
defense
educational
fund
et
al
julius
levonne
chambers
charles
stephen
ralston
john
powell
steven
shapiro
kent
scheidegger
filed
brief
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justice
legal
foundation
amicus
curiae
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affirmance
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respect
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scalia
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man
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illinois
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appeal
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filed
petition
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section
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argued
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mccray
new
york
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alabama
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direct
review
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shea
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griffith
kentucky
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kentucky
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correction
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blackmun
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ante
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harlan
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part
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harlan
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defendants
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announced
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kentucky
also
agree
justice
harlan
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rules
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harlan
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amdt
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amendment
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harlan
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harlan
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time
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part
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lundy
stevens
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new
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review
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corpus
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years
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kentucky
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kentucky
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harlan
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ohio
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case
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reviewability
grand
jury
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habeas
corpus
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hillery
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reading
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habeas
statute
divination
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intent
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monell
new
york
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social
services
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set
claims
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adjudication
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judicial
circuit
kentucky
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dictated
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decisions
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petitioner
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mackey
harlan
concurring
judgments
part
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part
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rules
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procedures
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process
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sweep
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noting
abundance
variety
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cases
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recent
years
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adjudicated
plurality
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rule
effect
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history
reveals
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tie
writ
habeas
corpus
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claim
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habeas
example
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whiteside
ruled
defendant
right
counsel
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amendment
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defense
attorney
refuses
cooperate
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perjured
testimony
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opposite
result
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cases
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testimony
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attorney
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amendment
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pro
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defendant
right
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defense
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participation
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counsel
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appellate
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counsel
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amendment
duty
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nonfrivolous
issue
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defendant
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slappy
state
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continuance
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defender
initially
assigned
represent
defendant
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available
violate
sixth
amendment
wainwright
torna
per
curiam
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right
counsel
defense
attorney
failed
make
timely
filing
application
certiorari
state
moore
illinois
sixth
amendment
violated
corporeal
identification
conducted
initiation
adversary
criminal
proceedings
absence
counsel
ross
moffitt
need
provide
indigent
defendants
counsel
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appeals
likewise
fifth
amendment
privilege
adjunct
ascertainment
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shott
claims
petitioner
right
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dictated
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decisions
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fail
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smith
example
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psychiatrist
examined
defendant
trial
without
warning
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used
capital
sentencing
proceeding
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plurality
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fashioned
rule
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merits
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case
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judgment
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testimony
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jury
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smith
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prosecutor
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defendant
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amendment
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weir
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anderson
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amendment
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defendant
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claims
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jeopardy
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rules
seek
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brea
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bretz
state
law
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sentence
jury
upon
retrial
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process
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amendment
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process
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charge
barker
wingo
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right
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trial
course
cases
closely
related
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lockhart
mccree
held
removal
cause
violate
sixth
amendment
fair
cross
section
requirement
beyond
purview
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habeas
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changes
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precedent
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foundation
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cases
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habeas
petitioners
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acts
choice
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notion
fairness
without
pausing
consider
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principles
decisionmaking
griffith
kentucky
white
dissenting
quoting
stovall
denno
certainly
desirable
interest
fairness
accord
treatment
habeas
petitioners
claims
given
choice
deciding
issue
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review
might
result
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rule
law
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review
petitioner
brought
claim
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grant
certiorari
decide
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direct
review
following
decision
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kentucky
supra
new
rule
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convictions
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final
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announced
whereas
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petitioners
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review
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area
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right
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courts
hear
claims
collateral
review
discourage
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habeas
corpus
thus
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resolve
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settled
approach
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courts
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stovall
denno
supra
held
rules
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gilbert
california
applied
retroactively
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gilbert
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pretrial
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cases
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adjudications
stand
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dictum
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policies
rooted
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article
iii
constitution
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solely
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parties
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beneficiaries
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cost
adherence
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principles
footnotes
omitted
iii
even
one
accepts
plurality
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relief
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claim
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wears
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sixth
amendment
claim
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contends
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juries
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groups
population
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louisiana
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selection
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amendment
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amendment
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amendment
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claim
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kentucky
held
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protection
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members
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claim
characterized
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assertions
new
standard
claim
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corpus
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kind
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concept
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liberty
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requirement
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asks
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impose
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batson
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decisions
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sixth
amendment
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challenge
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belong
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whose
members
discriminatorily
excluded
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said
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mitchell
discrimination
basis
race
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aspects
especially
pernicious
administration
justice
selection
members
grand
jury
one
race
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justice
thereby
casts
doubt
integrity
judicial
process
exclusion
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jury
service
negroes
group
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confidence
public
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justice
repeatedly
emphasized
discrimination
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constitution
laws
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war
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concepts
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texas
omitted
harm
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indicted
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segment
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excluded
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injury
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institution
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discriminatory
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prejudice
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right
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evidence
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chooses
believe
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influenced
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texas
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iv
majority
members
share
view
cases
direct
collateral
review
handled
differently
retroactivity
purposes
see
griffith
kentucky
allen
hardy
per
curiam
williams
opinion
marshall
griffith
adopted
justice
harlan
proposal
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rule
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retroactively
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sixth
amendment
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whether
embrace
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question
decide
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review
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resolve
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full
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stevens
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disagree
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amendment
claim
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prisoners
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ground
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well
state
prisoners
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stone
powell
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courts
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hillery
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concurring
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supra
confirms
conclusion
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stone
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preclude
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review
claims
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jury
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morrison
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amendment
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virginia
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kentucky
even
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certiorari
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review
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ante
plurality
presumably
intends
exception
cover
claims
involve
accuracy
defendant
sentence
well
accuracy
determination
guilt
see
smith
murray
fundamental
miscarriage
justice
introduction
testimony
sentencing
phase
capital
case
neither
precluded
development
true
facts
resulted
admission
false
ones
thus
plurality
new
rule
apparently
prevent
capital
defendants
example
raising
eighth
amendment
due
process
equal
protection
challenges
capital
sentencing
procedures
habeas
corpus
plurality
claim
cases
moved
direction
reaffirming
relevance
likely
accuracy
convictions
determining
available
scope
habeas
review
ante
little
force
two
cases
cites
kuhlmann
wilson
plurality
opinion
murray
carrier
discuss
conditions
habeas
petitioner
may
obtain
review
even
though
claim
otherwise
procedurally
barred
hold
petitioner
likely
guilt
innocence
bears
cognizability
habeas
claims
absence
procedural
default
limited
stone
powell
noted
see
supra
fourth
amendment
exclusionary
rule
claims
passing
several
opportunities
extend
plurality
complaint
prior
retroactivity
decisions
sometimes
led
one
habeas
petitioner
reaping
benefit
new
rule
habeas
petitioners
obtained
relief
failure
treat
retroactivity
threshold
question
ante
misguided
disparity
resulting
deciding
three
years
later
solem
stumes
apply
retroactively
rule
edwards
arizona
ascribed
failure
make
retroactivity
threshold
question
rather
failure
decide
retroactivity
question
time
decided
merits
issue
decisions
made
contemporaneously
see
witherspoon
illinois
stovall
denno
one
exception
need
made
rule
equal
treatment
plurality
may
find
even
slight
inequality
unacceptable
magnitude
disparity
need
large
example
suggests
plurality
persistent
misreading
teague
claim
ante
puzzling
sure
teague
argue
principles
informing
decision
duren
missouri
extended
selection
petit
jury
duren
require
every
venire
provide
microcosm
community
demands
instead
group
systematically
excluded
venires
unless
significant
state
interest
thereby
manifestly
primarily
advanced
lack
proportional
representation
cognizable
group
given
petit
jury
teague
view
helps
establish
prima
facie
sixth
amendment
violation
contrary
plurality
suggestion
contend
per
se
violation