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Davis v. United States, 411 U.S. 233 (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.
Davis v. United States, 411 U.S. 233 (1973)
Davis v. United States No. 71-6481 Argued February 20, 1973 Decided April 17, 1973 411 U.S. 233
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Three years after his conviction for a federal crime, petitioner brought this collateral attack on the ground of unconstitutional discrimination in the composition of the grand jury that indicted him. The District Court found that, though petitioner could have done so, he at no stage of the proceedings attacked the grand jury’s composition, and it concluded that, under Fed.Rule Crim.Proc. 12(b)(2), he had waived his right to do so. The court also determined that, since the challenged jury selection method had long obtained, the grand jury that indicted petitioner indicted his two white accomplices, and the case against petitioner was "a strong one," there was no "cause shown" under the rule to grant relief from the waiver. The Court of Appeals affirmed.
Held:
1. The waiver standard set forth in Fed.Rule Crim.Proc. 12(b)(2) governs an untimely claim of grand jury discrimination, not only during the criminal proceeding, but also later on collateral review. Shotwell Mfg. Co. v. United States, 371 U.S. 341, followed; Kaufman v. United States, 394 U.S. 217, distinguished. Pp. 236-243.
2. The District Court, in the light of the record in this case, did not abuse its discretion in denying petitioner relief from the application of the waiver provision. Pp. 243-245.
455 F.2d 919, affirmed.
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. 245.
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Chicago: U.S. Supreme Court, "Syllabus," Davis v. United States, 411 U.S. 233 (1973) in 411 U.S. 233 411 U.S. 234. Original Sources, accessed April 17, 2025, http://originalsources.com/Document.aspx?DocID=R2IQPQTT4I3PCPH.
MLA: U.S. Supreme Court. "Syllabus." Davis v. United States, 411 U.S. 233 (1973), in 411 U.S. 233, page 411 U.S. 234. Original Sources. 17 Apr. 2025. http://originalsources.com/Document.aspx?DocID=R2IQPQTT4I3PCPH.
Harvard: U.S. Supreme Court, 'Syllabus' in Davis v. United States, 411 U.S. 233 (1973). cited in 1973, 411 U.S. 233, pp.411 U.S. 234. Original Sources, retrieved 17 April 2025, from http://originalsources.com/Document.aspx?DocID=R2IQPQTT4I3PCPH.
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