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Wardius v. Oregon, 412 U.S. 470 (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.
Wardius v. Oregon, 412 U.S. 470 (1973)
Wardius v. Oregon No. 71-6042 Argued January 10, 1973 Decided June 11, 1973 412 U.S. 470
CERTIORARI TO THE SUPREME COURT OF OREGON
Syllabus
At petitioner’s criminal trial, a witness’ alibi evidence was struck as a sanction for petitioner’s failure to file a notice of alibi in accordance with Oregon’s statutory requirement, and petitioner himself was not allowed to give alibi testimony. Following petitioner’s conviction the appellate court, affirming, rejected his constitutional challenge to the state statute, which grants no discovery rights to criminal defendants.
Held: Reciprocal discovery is required by fundamental fairness, and it is insufficient that, although the statute does not require it, the State might grant reciprocal discovery in a given case. In the absence of fair notice that petitioner will have an opportunity to discover the State’s rebuttal witnesses, petitioner cannot, consistently with due process requirements, be required to reveal his alibi defense. Pp. 473-479.
Reversed and remanded; see 6 Ore.App. 391, 487 P.2d 1380.
MARSHALL, J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. BURGER, C.J., concurred in the result. DOUGLAS, J., filed an opinion concurring in the result, post, p. 479.
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Chicago: U.S. Supreme Court, "Syllabus," Wardius v. Oregon, 412 U.S. 470 (1973) in 412 U.S. 470 412 U.S. 471. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=X2P99WK4VUC22GS.
MLA: U.S. Supreme Court. "Syllabus." Wardius v. Oregon, 412 U.S. 470 (1973), in 412 U.S. 470, page 412 U.S. 471. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=X2P99WK4VUC22GS.
Harvard: U.S. Supreme Court, 'Syllabus' in Wardius v. Oregon, 412 U.S. 470 (1973). cited in 1973, 412 U.S. 470, pp.412 U.S. 471. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=X2P99WK4VUC22GS.
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