|
Gallegos v. Colorado, 370 U.S. 49 (1962)
Contents:
Show Summary
Hide Summary
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.
Gallegos v. Colorado, 370 U.S. 49 (1962)
Gallegos v. Colorado No. 475 Argued April 9, 1962 Decided June 4, 1962 370 U.S. 49
CERTIORARI TO THE SUPREME COURT OF COLORADO
Syllabus
Petitioner, a 14-year-old boy, and another juvenile followed an elderly man to a hotel, got into his room on a ruse, assaulted and overpowered him, stole $13 from his pockets and fled. Picked up 12 days later by police, petitioner immediately admitted the assault and robbery. Over two weeks later, he was convicted in a juvenile court of "assault to injure," and was committed to the State Industrial School for an indeterminate period. Subsequently, the victim died, and petitioner was charged with first degree murder. At his trial in a state court, a jury found him guilty. The crucial evidence introduced at the trial was a formal confession which petitioner had signed before his victim died, before petitioner had been brought before a judge, and after he had been held for five days without seeing a lawyer, parent, or other friendly adult, although his mother had attempted to see him.
Held: on the totality of the circumstances in this case, the formal confession on which petitioner’s conviction may have rested was obtained in violation of due process, and the judgment sustaining his conviction is reversed. Pp. 49-55.
145 Colo. 53, 358 P.2d 1028, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Gallegos v. Colorado, 370 U.S. 49 (1962) in 370 U.S. 49 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RML2FZAVHKYX5VE.
MLA: U.S. Supreme Court. "Syllabus." Gallegos v. Colorado, 370 U.S. 49 (1962), in 370 U.S. 49, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RML2FZAVHKYX5VE.
Harvard: U.S. Supreme Court, 'Syllabus' in Gallegos v. Colorado, 370 U.S. 49 (1962). cited in 1962, 370 U.S. 49. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RML2FZAVHKYX5VE.
|