US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

HENRY V. MISSISSIPPI, 379 U. S. 443 (1965)

Subscribe to Cases that cite 379 U. S. 443 RSS feed for this section

U.S. Supreme Court

Henry v. Mississippi, 379 U.S. 443 (1965)

Henry v. Mississippi

No. 6

Argued October 13, 1964

Decided January 18, 1965

379 U.S. 443


The Mississippi Supreme Court, reviewing petitioner's appeal from a conviction for disturbing the peace, first filed an opinion which reversed the conviction and remanded for a new trial. The court held that petitioner's wife's consent to a search of his automobile did not waive his rights and, in the belief that petitioner had out-of-state counsel unfamiliar with local practice, reversed in spite of petitioner's failure to comply with the state requirement of contemporaneous objection to the introduction of illegal evidence. The court noted that petitioner moved for a directed verdict at the close of the State's case, assigning as one ground the use of the illegal evidence. After the State filed a Suggestion of Error, pointing out that petitioner was represented by local as well as out-of-state counsel, the court substituted another opinion, affirming the conviction and holding that mistakes of counsel, even if honest, are binding on the client.

Held: the question whether the nonfederal procedural ground (the contemporaneous objection requirement) is adequate to bar review -- that is, whether its imposition in this case serves a legitimate state interest -- is not decided, for the record indicates, but is insufficient to establish, that petitioner, personally or through counsel, may have knowingly forgone his opportunity to raise his federal claims. Fay v. Noia, 372 U. S. 391, 372 U. S. 439. The interests of sound judicial administration call for a remand to permit the State to establish whether or not there was a waiver. This may avoid the necessity for a decision by this Court on the adequacy of the state procedural ground, and it permits the State to determine the waiver question, which would otherwise be open on federal habeas corpus, even if the state ground were adequate. Pp. 379 U. S. 449-453.

154 So.2d 289 reversed and remanded. chanroblesvirtualawlibrary

Page 379 U. S. 444

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™