Legal Opinion · Dissent
People v. Mallory
Michigan Supreme Court
Decided January 4, 1967No. Calendar 3, Docket 51,212Published
1DissentBlack, J.
In the course of his special concurrence (Gideon v. Wainwright [March 18, 1963], 372 US 335 [83 S Ct 792, 9 L ed 2d 799, 93 ALR2d 733]); Mr. Justice Harlan wrote what appears immediately below. No other Justice undertook to question these words (p 351):
“The special circumstances rule has been formally abandoned in capital cases, and the time has now come when it should be similarly abandoned in non-capital cases, at least as to offenses which, as the one involved here, carry the possibility of a substantial prison sentence. (Whether the rule should extend to all criminal cases need not now be…
2Cases cited27 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Reynolds v. SimsSupreme Court of the United States · 1964
- Griffin v. IllinoisSupreme Court of the United States · 1956
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