GREER
v.
BETO, CORRECTIONS DIRECTOR

U.S. | 1966-05-23
No. 720
Mr. Justice Harlan would set the case for argument, believing that the retroactivity of Gideon v. Wainwright, 372 U. S. 335, as applied in a recidivist case, presents problems of its own that are deserving of plenary consideration.
384 U.S. 269 Supreme Court of the United States (1966) Negative Treatment
Also reported at: 16 L. Ed. 2d 526 · 86 S. Ct. 1477 · 1966 U.S. LEXIS 1588 · SCDB 1965-111
Cited by 53 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Gideon v. Wainwright, 372 U. S. 335; Doughty v. Maxwell, 376 U. S. 202; see Garner v. Pennsylvania, 372 U. S. 768; United States ex rel. Durocher v. LaVallee, 330 F. 2d 303 (C. A. 2d Cir.).

Mr. Justice Harlan would set the case for argument, believing that the retroactivity of Gideon v. Wainwright, 372 U. S. 335, as applied in a recidivist case, presents problems of its own that are deserving of plenary consideration.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (14 total)

  • Harrell v. State, 469 So. 2d 169 (Fla. 1st DCA 1985)
    …1963). In Burgett v. Texas, the United States Supreme Court said: To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 16 L.Ed.2d 526, 86 S.Ct. 1447) is to erode the principle of that case. Worse yet, since the defect in the prior conviction was denial of the right to counsel, the accused in effect suffers anew from the deprivation of that Sixth Amendment right, Id…
  • Burgett v. Texas, 389 U.S. 109 (U.S. 1967)
    …silent record is impermissible. Carnley v. Cochran, 369 U. S. 506. To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U. S. 269) is to erode the principle of that case. Worse yet, since the defect in the prior conviction was denial of the right to counsel, the accused in effect suffers anew from the deprivation of that Sixth Amendment right. The admission of a prior crimina…
  • United States v. Thoresen, 428 F.2d 654 (9th Cir. 1970)
    …t reversed, stating: “To permit a conviction obtained in violation of Gideon v. Wainwright [372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799] to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 86 S.Ct. 1477 [16 L.Ed.2d 526]) is to erode the principle of that case.” 389 U.S. at 115, 88 S.Ct. at 262. In Burgett, the Supreme Court had no occasion to discuss procedures to be followed when a defendant questions the constitutional validity of…

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