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Pointer v. Texas, 380 U.S. 400 (1965)
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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.
Pointer v. Texas, 380 U.S. 400 (1965)
Pointer v. Texas No. 577 Argued March 15, 1965 Decided April 5, 1965 380 U.S. 400
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS
Syllabus
Petitioner was arrested and brought before a state judge for preliminary hearing on a robbery charge. The complaining witness testified but petitioner, who had no counsel, did not cross-examine. Petitioner was later indicted and tried. The witness had moved to another State, and the transcript of his testimony at the hearing was introduced over petitioner’s objections that he was denied the right of confrontation. He was convicted and the highest state court affirmed.
Held:
1. The right granted to an accused by the Sixth Amendment to confront the witnesses against him, which includes the right of cross-examination, is a fundamental right essential to a fair trial and is made obligatory on the States by the Fourteenth Amendment. Pp. 403-406.
2. The introduction of the transcript in a federal criminal case would have been a clear denial of the right of confrontation, since the statement was made without an adequate opportunity for cross-examination, and the right must be determined by the same standards in a state proceeding. Pp. 406-408.
375 S.W.2d 293, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Pointer v. Texas, 380 U.S. 400 (1965) in 380 U.S. 400 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=WV1Y4MMR9U17BM1.
MLA: U.S. Supreme Court. "Syllabus." Pointer v. Texas, 380 U.S. 400 (1965), in 380 U.S. 400, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WV1Y4MMR9U17BM1.
Harvard: U.S. Supreme Court, 'Syllabus' in Pointer v. Texas, 380 U.S. 400 (1965). cited in 1965, 380 U.S. 400. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=WV1Y4MMR9U17BM1.
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