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Herring v. New York, 422 U.S. 853 (1975)
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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.
Herring v. New York, 422 U.S. 853 (1975)
Herring v. New York No. 73-6587 Argued February 26, 1975 Decided June 30, 1975 422 U.S. 853
APPEAL FROM THE APPELLATE DIVISION, SUPREME
COURT OF NEW YORK, SECOND JUDICIAL DEPARTMENT
Syllabus
A total denial of the opportunity for final summation in a nonjury criminal trial as well as in a jury trial deprives the accused of the basic right to make his defense, and a New York statute granting every judge in a nonjury criminal trial the power to deny such summation before rendition of judgment denies the accused the assistance of counsel guaranteed by the Sixth Amendment of the Constitution as applied against the States by the Fourteenth. Pp. 856-865.
43 App.Div.2d 816, 351 N.Y.S.2d 368, vacated and remanded.
STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN, JJ., joined. post, p. 865.
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Chicago: U.S. Supreme Court, "Syllabus," Herring v. New York, 422 U.S. 853 (1975) in 422 U.S. 853 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZLA4Z4CJ3ZAARF7.
MLA: U.S. Supreme Court. "Syllabus." Herring v. New York, 422 U.S. 853 (1975), in 422 U.S. 853, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZLA4Z4CJ3ZAARF7.
Harvard: U.S. Supreme Court, 'Syllabus' in Herring v. New York, 422 U.S. 853 (1975). cited in 1975, 422 U.S. 853. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZLA4Z4CJ3ZAARF7.
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