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Fifth Amendment's privilege against self-incrimination (Malloy v. Hogan in 1964) and the Sixth Amendment's right to counsel (Gideon v. Wainwright in 1963). To be sure, the court said 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...

Author: /time Magazine | Title: The Supreme Court: Now Comes the Sixth Amendment | 4/16/1965 | See Source »

...phenomenon comparable to the effect of 1963's Gideon v. Wainwright, which led to the retrial and acquittal of Florida Indigent Clarence Earl Gideon and gave all defendants the right to counsel in state criminal trials. In Florida alone, 5,554 previously convicted prisoners have since petitioned for new trials, and 1,081 have already won their freedom...

Author: /time Magazine | Title: Criminal Justice: New Headache for State Courts | 1/22/1965 | See Source »

...obtained by unreasonable search and seizure. But then came 1961's Mapp v. Ohio, ordering all states to obey the rule that even if illegally seized evidence shows guilt the defendant may be freed because the police violated the Constitution. Far less controversial: 1963's Gideon v. Wainwright, which overturned the conviction of Florida Indigent Clarence Earl Gideon, applies the Sixth Amendment's right to counsel to all defendants in state criminal courts. Overriding precedents going back to 1908, the Court last year said that under the Fifth Amendment a state cannot compel a person to testify...

Author: /time Magazine | Title: The Supreme Court: The Limits That Create Liberty & The Liberty That Creates Limits | 10/9/1964 | See Source »

...Rules. Last week, in a ruling that will cause profound changes in American criminal procedures, the U.S. Supreme Court reversed Danny's conviction. In last year's landmark Gideon v. Wainwright decision, the court held that every defendant in a state or federal criminal trial is entitled to counsel. In Danny's case, the court extended the Gideon principle and ruled that a person is entitled to consult with counsel as soon as an investigation makes him a prime suspect...

Author: /time Magazine | Title: The Law: Confessions from Suspects | 7/3/1964 | See Source »

...Gideon v. Wainwright...

Author: /time Magazine | Title: Lawyers: The Bar Behind Bars | 5/22/1964 | See Source »

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