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Tollett v. Henderson, 411 U.S. 258 (1973)
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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.
Tollett v. Henderson, 411 U.S. 258 (1973)
Tollett v. Henderson No. 72-95 Argued February 20, 1973 Decided April 17, 1973 411 U.S. 258
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Where a state criminal defendant, on advice of counsel, pleads guilty, he cannot, in a federal habeas corpus proceeding, raise independent claims relating to the deprivation of constitutional rights that antedated the plea, Brady v. United States, 397 U.S. 742, such as infirmities in the grand jury selection process, but may only attack the voluntary and intelligent character of the guilty plea by showing that counsel’s advice was not within the standards of McMann v. Richardson, 397 U.S. 759. Pp. 261-269.
459 F.2d 237, reversed and remanded.
REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and POWELL, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined, post, p. 269.
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Chicago: U.S. Supreme Court, "Syllabus," Tollett v. Henderson, 411 U.S. 258 (1973) in 411 U.S. 258 411 U.S. 259. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=94T8W3AF4B9UBSW.
MLA: U.S. Supreme Court. "Syllabus." Tollett v. Henderson, 411 U.S. 258 (1973), in 411 U.S. 258, page 411 U.S. 259. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=94T8W3AF4B9UBSW.
Harvard: U.S. Supreme Court, 'Syllabus' in Tollett v. Henderson, 411 U.S. 258 (1973). cited in 1973, 411 U.S. 258, pp.411 U.S. 259. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=94T8W3AF4B9UBSW.
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