Word: pointers
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Dates: during 1960-1969
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...colonies in the Boston Massacre of 1770, many thousands of his fellow Negroes have distinguished themselves in battle. Yet it was not until 1940 that a U.S. Negro attained the rank of general. Fourteen years after General Benjamin Oliver Davis won that distinction, his son, a rangy West Pointer and bemedaled World War II fighter squadron leader, came back from the Korean War to become the first of his race to win the two stars of a major general. Now, after distinguished service as an Air Force Deputy chief of staff in the Pentagon, Benjamin Oliver Davis...
...Pointer v. Texas (1965) upheld the right of defendants to have lawyers present in order to cross-examine prosecution witnesses, but Appellant Bob Pointer, a hardened criminal, gained little himself from the reversal of his life sentence for robbery by assault. Texas will now prosecute him for five similar robberies, making him eligible for five more life sentences...
Absorbed Rights. In the case that produced last week's landmark decision, Texas had refused to uphold that right. Accused of a $375 holdup, Bob Granville Pointer was haled before a preliminary hearing in Houston. He had no lawyer and did not cross-examine his alleged victim, who then moved to California and did not appear at Pointer's trial. Vainly invoking the confrontation clause, Pointer was convicted on the transcript of the absent victim's untested testimony. Because he could have cross-examined at the preliminary hearing, the state's highest court upheld his conviction...
...Supreme Court might well have reversed Pointer's conviction almost routinely; as far back as 1899, the court held that confrontation is fundamental to fair trial, a concept embodied in the "due process" guarantee that the 14th Amendment now imposes on the states. But Pointer's appeal revived a question that has long roiled the court: Does the 14th Amendment "incorporate" the specifics of the Bill of Rights and impose them on the states? If so, states must obey the full letter of the Sixth Amendment's confrontation clause...
...flatly in 1904: "The Sixth Amendment does not apply to proceedings in state criminal courts." But in the light of Gideon, Malloy and other "absorption" cases, ruled Black, statements "generally declaring that the Sixth Amendment does not apply to states can no longer be regarded as law." After reversing Pointer's conviction on these grounds, the court emphasized its new doctrine by doing exactly the same in another confrontation case in Alabama...