Arsenault v. Massachusetts, 393 U.S. 5 (1968)

Arsenault v. Massachusetts


No. 187, Misc.


Decided October 14, 1968
393 U.S. 5

ON PETITION FOR WRIT OF CERTIORARI TO THE
SUPREME JUDICIAL COURT OF MASSACHUSETTS

Syllabus

Petitioner pleaded guilty to murder at a probable cause hearing when he had no counsel. He testified at his trial (when he had counsel), and denied guilt. On cross-examination, his prior plea was introduced. Petitioner was convicted and the State’s highest court affirmed over his contention that admission of the prior plea was error. Based on White v. Maryland, 373 U.S. 59, decided after petitioner’s trial, petitioner sought post-conviction relief, which that court denied on the ground that White was not retroactive.

Held: White v. Maryland, which is indistinguishable in principle from the present case, applies retroactively.

Certiorari granted; 353 Mass. 575, 233 N.E.2d 730, reversed.