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Murch v. Mottram, 409 U.S. 41 (1972)
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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.
Murch v. Mottram, 409 U.S. 41 (1972)
Murch v. Mottram No. 72-55 Decided November 6, 1972 409 U.S. 41
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIRST CIRCUIT
Syllabus
In a 1965 proceeding, respondent substituted for his original attack on the constitutional validity of his underlying convictions a petition challenging only the constitutionality of procedures attending revocation of his parole, notwithstanding advice that, under the judge’s construction of Maine’s statute governing post-conviction relief, a prisoner is deemed to waive constitutional grounds not asserted, and that both the petition and the previous attack came within the statute. Respondent’s 1965 challenge was not successful, and, in 1967, he filed another petition for state post-conviction relief, collaterally attacking the validity of the previous convictions. Following an adverse ruling by the State’s highest court, respondent sought relief in the District Court, which ruled against him on the ground that, in the 1965 proceeding, he had bypassed the state statutory procedures. The Court of Appeals reversed, holding that respondent had not waived his right to raise the constitutional issues.
Held: Maine could properly provide that a prisoner seeking post-conviction relief must assert all known constitutional claims in a single proceeding, and a state prisoner may not "elect" not to comply with a state court’s interpretation of the statute and claim, as respondent (who had received fair warning) did here, that he did not have the subjective intent to waive his constitutional claims.
Certiorari granted; 458 F. 2d 626, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Murch v. Mottram, 409 U.S. 41 (1972) in 409 U.S. 41 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KC9R783FX5WFVTG.
MLA: U.S. Supreme Court. "Syllabus." Murch v. Mottram, 409 U.S. 41 (1972), in 409 U.S. 41, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KC9R783FX5WFVTG.
Harvard: U.S. Supreme Court, 'Syllabus' in Murch v. Mottram, 409 U.S. 41 (1972). cited in 1972, 409 U.S. 41. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KC9R783FX5WFVTG.
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