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Maxwell v. Bishop, 398 U.S. 262 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Maxwell v. Bishop, 398 U.S. 262 (1970)
Maxwell v. Bishop No. 13 Argued March 4, 1969 Reargued May 4, 1970 Decided June 1, 1970 398 U.S. 262
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Petitioner challenged his jury conviction for rape and the sentence of death imposed pursuant to Arkansas law on the grounds that (1) the jury had determined the issues of guilt and sentencing in a single proceeding, thus precluding him from presenting evidence on the penalty issue without subjecting himself to self-incrimination on the guilt issue, and (2) the jury had been given no standards to guide it in sentencing. The District Court denied a writ of habeas corpus, and the Court of Appeals affirmed. Several prospective jurors had been removed for cause from the panel "because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction," which this Court held impermissible in Witherspoon v. Illinois, 391 U.S. 510, decided after petitioner’s trial.
Held: Although the Witherspoon issue was not raised below, the case is remanded to the District Court for consideration of that issue. Boulden v. Holman, 394 U.S. 478.
398 F.2d 138, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Maxwell v. Bishop, 398 U.S. 262 (1970) in 398 U.S. 262 398 U.S. 263. Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=T77SBXIV5IAYURX.
MLA: U.S. Supreme Court. "Syllabus." Maxwell v. Bishop, 398 U.S. 262 (1970), in 398 U.S. 262, page 398 U.S. 263. Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=T77SBXIV5IAYURX.
Harvard: U.S. Supreme Court, 'Syllabus' in Maxwell v. Bishop, 398 U.S. 262 (1970). cited in 1970, 398 U.S. 262, pp.398 U.S. 263. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=T77SBXIV5IAYURX.
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