Arsenault v. Massachusetts

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Arsenault v. Massachusetts
Syllabus
933752Arsenault v. Massachusetts — Syllabus

United States Supreme Court

393 U.S. 5

Arsenault  v.  Massachusetts

On Petition for Writ of Certiorari to the Supreme Judicial Court of Massachusetts

No. 187, Misc.  Argued: N/A --- Decided: October 14, 1968

Petitioner pleaded guilty to murder at a probable-cause hearing when he had no counsel. He testified at his trial (when he had counsel), and denied guilt. On cross-examination his prior plea was introduced. Petitioner was convicted and the State's highest court affirmed over his contention that admission of the prior plea was error. Based on White v. Maryland, 373 U.S. 59, decided after petitioner's trial, petitioner sought post-conviction relief, which that court denied on the ground that White was not retroactive.

Held: White v. Maryland, which is indistinguishable in principle from the present case, applies retroactively.

Certiorari granted; 353 Mass. 575, 233 N.E. 2d 730, reversed.


F. Lee Bailey for petitioner.

Elliot L. Richardson, Attorney General of Massachusetts, Howard M. Miller, Assistant Attorney General, and Richard L. Levine, Deputy Assistant Attorney General, for respondent.


PER CURIAM.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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