SIMS
v.
GEORGIA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted a writ of certiorari limited to specific questions concerning constitutional rights violations.
Petitioner sought review of a death sentence and conviction, raising issues of coerced confession, denial of counsel, and racial discrimination in jur…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Coerced Confession cases and more on FLexlaw
Sup. Ct. Ga. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted limited to Questions 1, 2, 3, 4 and 5 which read as follows:
“1. Whether petitioner’s Fourteenth Amendment rights were violated by a conviction and sentence to death obtained on the basis of a confession made under inherently coercive circumstances within the doctrine of Fikes v. Alabama, 352 U. S. 191.
Jack Greenberg and James M. Nabrit III for petitioner. Arthur K. Bolton, Attorney General of Georgia, and Carter A. Setliff, Assistant Attorney General, for respondent.
“2. Whether petitioner’s Fourteenth Amendment rights were violated by the failure of the Georgia courts to afford a fair and reliable procedure for determining the voluntariness of his alleged coerced confession in disregard of the principle of Jackson v. Denno, 378 U. S. 368.
“3. Whether petitioner’s Fourteenth Amendment right to counsel as declared in Escobedo v. Illinois, 378 U. S. 478, was violated by the use of his confession obtained during police interrogation in the absence of counsel, or whether petitioner’s right to counsel was effectively waived.
“4. Is a conviction constitutional where:
“(a) local practice pursuant to state statute requires racially segregated tax books and county jurors are selected from such books;
“(b) the number of Negroes chosen is only 5% of the jurors but they comprise about 20% of the taxpayers; and
“(c) a Negro criminal defendant’s offer to prove a practice of arbitrary and systematic Negro inclusion or exclusion based on jury lists of the prior ten years is disallowed?
“5. Where a Negro defendant sentenced to death in Georgia for the rape of a white woman offers to prove that nineteen times as many Negroes as whites have been executed for rape in Georgia in an effort to show that racial discrimination violating the equal protection clause of the Fourteenth Amendment produced such a result, may this offer of proof be disallowed?”
Case transferred to appellate docket.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Keyishian v. Bd. of Regents of the Univ. of the State of N.Y., 385 U.S. 589 (U.S. 1967)…ctive relief, alleging that the state program violated the Federal Constitution in various respects. A threejudge [*593] federal court held that the program was constitutional. 255 F. Supp. 981.2 We noted probable jurisdiction of appellants’ appeal, 384 U. S. 998. We reverse. I. We considered some aspects of the constitutionality of the New York plan 15 years ago in Adler v. Board of Education, 342 U. S. 485. That litigation arose after New York passed the Feinberg Law which added § 3022 to the Education L…
-
Sims v. Georgia, 385 U.S. 538 (U.S. 1967)…le in Jackson v. Denno, 378 U. S. 368 (1964). The Supreme Court of Georgia ruled that Jackson was not applicable and affirmed petitioner’s conviction, Sims v. State, 221 Ga. 190, 144 S. E. 2d 103. We granted certiorari limited to the five questions, 384 U. S. 998. We have determined that petitioner’s case is controlled by Jackson, supra, and therefore we do not reach any of the other issues raised. I. The record indicates that on April 13, 1963, a 29-year-old white woman was driving home alone in her autom…
-
Miller v. Pate, 386 U.S. 1 (U.S. 1967)…hat such an examination is necessary to adequately prepare the.defense herein.” 13 Ill. 2d 84, 148 N. E. 2d 455. An earlier federal habeas corpus application had been unsuccessful. Miller v. Pate, 300 F. 2d 414. 226 F. Supp. 541. 342 F. 2d 646. 384 U. S. 998. 'The petitioner has relied upon several different grounds for reversal of the judgment of the Court of Appeals. In deciding the case upon only one of those grounds, we intimate no view as to the merits of the others. In affirming the petitioner’s…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964)
- Jackson v. Denno, 378 U.S. 368 (U.S. 1964)
- Fikes v. Alabama, 352 U.S. 191 (U.S. 1957)