|
|
Reynolds v. Cochran, 365 U.S. 525 (1961)
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.
Reynolds v. Cochran, 365 U.S. 525 (1961)
Reynolds v. Cochran No. 115 Argued March 2, 1961 Decided March 20, 1961 365 U.S. 525
CERTIORARI TO THE SUPREME COURT OF FLORIDA
Syllabus
In his petition for habeas corpus, filed in a State Supreme Court, petitioner alleged that, after he had finished serving his terms for two separate felonies of which he had been convicted and after he had been released, he was arrested by state authorities, taken to another county, and there brought to trial two days after his arrest on a charge of being a "second offender" in violation of a state statute. He further alleged that he told the trial court that he had already retained counsel for his own defense, that his counsel was on the way and was due to arrive on the day of the trial, and that he asked that his trial be postponed until his counsel arrived, but that the court denied a continuance and proceeded to convict him on the record of his two previous convictions and his admission that he had been guilty of those offenses, and he was sentenced to imprisonment. The State Supreme Court dismissed his petition without a hearing.
Held: the judgment is reversed, and the cause is remanded for further proceedings. Pp. 526-533.
(a) Petitioner was entitled to an opportunity to prove his claim that he had been deprived of due process by the refusal of the trial judge to grant his motion for a continuance in order that he might have the assistance of the counsel he had retained in the proceedings against him. Chandler v. Fretag, 348 U.S. 3. Pp. 527-531.
(b) If the trial court erred in denying petitioner’s motion for a continuance, that error was not harmless under the facts of this case. Pp. 531-533.
Reversed and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Reynolds v. Cochran, 365 U.S. 525 (1961) in 365 U.S. 525 365 U.S. 526. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=T39TGIU7738ZVK4.
MLA: U.S. Supreme Court. "Syllabus." Reynolds v. Cochran, 365 U.S. 525 (1961), in 365 U.S. 525, page 365 U.S. 526. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=T39TGIU7738ZVK4.
Harvard: U.S. Supreme Court, 'Syllabus' in Reynolds v. Cochran, 365 U.S. 525 (1961). cited in 1961, 365 U.S. 525, pp.365 U.S. 526. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=T39TGIU7738ZVK4.
|