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Case v. Nebraska, 381 U.S. 336 (1965)
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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.
Case v. Nebraska, 381 U.S. 336 (1965)
Case v. Nebraska No. 843 Argued April 28, 1965 Decided May 24, 1965 381 U.S. 336
CERTIORARI TO THE SUPREME COURT OF NEBRASKA
Syllabus
Petitioner filed a habeas corpus petition in a Nebraska state court claiming unconstitutional denial of the right to counsel when he pleaded guilty to a burglary charge. The State Supreme Court affirmed the trial court’s dismissal of the petition on the ground that habeas corpus was unavailable in Nebraska to release a prisoner if the sentencing court had requisite jurisdiction and the sentence was within its power. After this Court granted certiorari, Nebraska enacted a postconviction procedure statute apparently providing a hearing for petitions such as petitioner’s.
Held: the judgment is vacated, and the cause remanded to the Nebraska Supreme Court for reconsideration in light of the supervening statute.
177 Neb. 404, 129 N.W.2d 107, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Case v. Nebraska, 381 U.S. 336 (1965) in 381 U.S. 336 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=7HKXQV5KDVMQF18.
MLA: U.S. Supreme Court. "Syllabus." Case v. Nebraska, 381 U.S. 336 (1965), in 381 U.S. 336, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7HKXQV5KDVMQF18.
Harvard: U.S. Supreme Court, 'Syllabus' in Case v. Nebraska, 381 U.S. 336 (1965). cited in 1965, 381 U.S. 336. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=7HKXQV5KDVMQF18.
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