WILSON
v.
WIMAN, REFORMATORY SUPERINTENDENT
C. A. 6th Cir. Certiorari denied.
Mr. Justice Fortas,
with whom The Chief Justice and Mr. Justice Douglas join, would grant certiorari in this case. In 1933 and 1935 petitioner was convicted in the state courts of Kentucky of housebreaking. In 1964, he was convicted of storehouse breaking. The earlier convictions were used in evidence pursuant to the Kentucky recidivist statute. Petitioner was sentenced to life in prison. The trial judge did not instruct the jury that the prior convictions could be used only for the limited purpose of the recidivist statute. I believe that we should hear this case to determine whether it is governed by Spencer v. Texas, 385 U. S. 554 (1967), and if so whether Spencer v. Texas should be reconsidered. See the separate opinion of The Chief Justice, in which I joined, 385 U. S., at 569, and the dissent of Mr. Justice Brennan, in which Mr. Justice Douglas joined, 385 U. S., at 587.
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Farrow v. United States, 580 F.2d 1339 (9th Cir. 1978)…2d 109, 112-13 (3d Cir. 1974). However, where the record shows that the petitioner was represented by counsel, the burden is on him to impeach the record. Mitchell, 482 F. 2d at 296; Wilson v. Wiman, 386 F. 2d 968, 969 (6th Cir. 1967), cert. denied, 390 U.S. 1042, 88 S.Ct. 1634, 20 L.Ed.2d 303 (1968). Once it is determined that the petitioner was without counsel, the Government must similarly carry the burden of proving waiver where the record shows no waiver or is silent, since “[presuming waiver from a si…
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Mitchell v. United States, 482 F.2d 289 (5th Cir. 1973)…ws that the defendant was represented by counsel, the convicted defendant has the burden of impeaching the record. Oswald v. Crouse, 10th Cir. 1969, 420 F. 2d 373; Losieau v. Sigler, supra; Wilson v. Wiman, 6th Cir. 1967, 386 F. 2d 968, cert. denied 390 U.S. 1042, 88 S.Ct. 1634, 20 L.Ed.2d 303. Since the records of the three prior convictions in this case show that appellant was not represented by counsel when he pleaded guilty to the three prior charges, the Government must carry the burden of proving a va…
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Jackson Sawmill Co., Inc. v. The United States, 580 F.2d 302 (8th Cir. 1978)…nt shield as an “alter ego” of the state, a court must look to numerous factors, no one of which is conclusive, see Krisel v. Duran, 258 F.Supp. 845, 848-49 (S.D.N.Y.1966) (Weinfeld, J.), affd. per curiam, 386 F. 2d 179 (2d Cir. 1967), cert. denied, 390 U.S. 1042, 88 S.Ct. 1635, 20 L.Ed.2d 303 (1968); Zeidner v. Wulforst, 197 F.Supp. 23 (E.D.N.Y.1961); cf. State Highway Comm’n v. Utah Const. Co., 278 U.S. 194, 199, 49 S.Ct. 104, 73 L.Ed. 262 (1929). The most important, of course, is whether, in the event pla…
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- Spencer v. Texas, 385 U.S. 554 (U.S. 1967)