MAYBERRY

v.

PENNSYLVANIA

Citator

Cited By

• Desist v. United States, 394 U.S. 244 (U.S. 1969)
  …ecome final before rendition of our opinion.” 381 U. S., at 622. Mapp had already been applied in Ker v. California, 374 U. S. 23; Fahy v. Connecticut, 375 U. S. 85; Stoner v. California, 376 U. S. 483. Griffin had been applied in O’Connor v. Ohio, 382 U. S. 286, shortly before Tehan was decided. Actually, Mapp was, of course, decided under the Fourth and Fourteenth Amendments, with one member of the five-man majority relying at least in part on the Fifth Amendment. 367 U. S., at 661-666 (Black, J., concur…
• United States v. Johnson, 457 U.S. 537 (U.S. 1982)
  …of conviction made final before Griffin was decided. The Court again found no “question of the applicability of the Griffin rule to cases still pending on direct review at the time it was announced.” 382 U. S., at 409, n. 3, citing O’Connor v. Ohio, 382 U. S. 286 (1965). Thus, after Linkletter and Shott, it appeared that all newly declared constitutional rules of criminal procedure would apply retrospectively at least to judgments of conviction not yet final when the rule was established. In Johnson v. New…
• Swarb v. Lennox, 405 U.S. 191 (U.S. 1972)
  …in the court below, and he cannot assign error in the appellate court, nor can he be heard if the proceedings in the appeal are correct, except in support of the decree from which the appeal of the other party is taken.’ ” Mayberry v. Pennsylvania, 382 U. S. 286 (1965); Nicholson v. Boles, 375 U. S. 25 (1963). See R. Stern & E. Gressman, Supreme Court Practice 224-225 (4th ed. 1969). Cf. California Welfare Rights Organization v. Superior Court of Alameda County, 5 Cal. 3d 730, 488 P. 2d 953 (1971), where a…