Chambers v. Mississippi 8212 5908, No. 71

CourtUnited States Supreme Court
Writing for the CourtPOWELL
Citation410 U.S. 284,93 S.Ct. 1038,35 L.Ed.2d 297
Docket NumberNo. 71
Decision Date21 February 1973
PartiesLeon CHAMBERS, Petitioner, v. State of MISSISSIPPI. —5908

410 U.S. 284
93 S.Ct. 1038
35 L.Ed.2d 297
Leon CHAMBERS, Petitioner,

v.

State of MISSISSIPPI.

No. 71—5908.
Argued Nov. 15, 1972.
Decided Feb. 21, 1973.

Syllabus

After petitioner was arrested for murder, another person (McDonald) made, but later repudiated, a written confession. On three separate occasions, each time to a different friend, McDonald orally admitted the killing. Petitioner was convicted of the murder in a trial that he claimed was lacking in due process because petitioner was not allowed to (1) cross-examine McDonald (whom petitioner had called as a witness when the State failed to do so), since under Mississippi's common-law 'voucher' rule a party may not impeach his own witness, or (2) introduce the testimony of the three persons to whom McDonald had confessed, the trial court having ruled their testimony inadmissible as hearsay. The Mississippi Supreme Court affirmed. Held: Under the facts and circumstances of this case, petitioner was denied a fair trial, in violation of the Due Process Clause of the Fourteenth Amendment. Pp. 294—303.

(a) The application of the 'voucher' rule prevented petitioner, through cross-examination of McDonald, from exploring the circumstances of McDonald's three prior oral confessions and challenging his renunciation of the written confession, and thus deprived petitioner of the right to contradict testimony that was clearly 'adverse.' Pp. 295—298.

(b) The trial court erred in excluding McDonald's hearsay statements, which were critical to petitioner's defense and which bore substantial assurances of trustworthiness, including that each was made spontaneously to a close acquaintance, that each was corroborated by other evidence in the case, that each was in a real sense against McDonald's interest, and that McDonald was present and available for cross-examination by the State. Pp. 298 303.

Miss., 252 So.2d 217, reversed and remanded.

Page 285

Peter Westen for petitioner, pro hac vice, by special leave of Court.

Timmie Hancock, Meadville, Miss., for respondent.

Mr. Justice POWELL delivered the opinion of the Court.

Petitioner, Leon Chambers, was tried by a jury in a Mississippi trial court and convicted of murdering a policeman. The jury assessed punishment at life imprisonment, and the Mississippi Supreme Court affirmed, one justice dissenting. 252 So.2d 217 (1971). Pending disposition of his application for certiorari to this Court, petitioner was granted bail by order of the Circuit Justice, dated February 1, 1972. Two weeks later, on the State's request for reconsideration, that order was reaffirmed. 405 U.S. 1205, 92 S.Ct. 751, 30 L.Ed.2d 773 (1972). Subsequently, the petition for certiorari was granted, 405 U.S. 987, 92 S.Ct. 1272, 31 L.Ed.2d 453 (1972), to consider whether petitioner's trial was conducted in accord with principles of due process under the Fourteenth Amendment. We conclude that it was not.

I

The events that led to petitioner's prosecution for murder occurred in the small town of Woodville in southern Mississippi. On Saturday evening, June 14, 1969, two Woodville policemen, James Forman and Aaron 'Sonny' Liberty, entered a local bar and pool hall to execute a warrant for the arrest of a youth named C. C. Jackson. Jackson resisted and a hostile crowd of some 50 or 60 persons gathered. The officers' first attempt to handcuff Jackson was frustrated when 20 or 25 men in the crowd intervened and wrestled him

Page 286

free. Forman then radioed for assistance and Liberty removed his riot gun, a 12-gauge sawed-off shotgun, from the car. Three deputy sheriffs arrived shortly thereafter and the officers again attempted to make their arrest. Once more, the officers were attacked by the onlookers and during the commotion five or six pistol shots were fired. Forman was looking in a different direction when the shooting began, but immediately saw that Liberty had been shot several times in the back. Before Liberty died, he turned around and fired both barrels of his riot gun into an alley in the area from which the shots appeared to have come. The first shot was wild and high and scattered the crowd standing at the face of the alley. Liberty appeared, however, to take more deliberate aim before the second shot and hit one of the men in the crowd in the back of the head and neck as he ran down the alley. That man was Leon Chambers.

Officer Forman could not see from his vantage point who shot Liberty or whether Liberty's shots hit anyone. One of the deputy sheriffs testified at trial that he was standing several feet from Liberty and that he saw Chambers shoot him. Another deputy sheriff stated that, although he could not see whether Chambers had a gun in his hand, he did see Chambers 'break his arm down' shortly before the shots were fired. The officers who saw Chambers fall testified that they thought he was dead but they made no effort at that time either to examine him or to search for the murder weapon. Instead, they attended to Liberty, who was placed in the police car and taken to a hospital where he was declared dead on arrival. A subsequent autopsy showed that he had been hit with four bullets from a .22-caliber revolver.

Shortly after the shooting, three of Chambers' friends

Page 287

discovered that he was not yet dead. James Williams,1 Berkley Turner, and Gable McDonald loaded him into a car and transported him to the same hospital. Later that night, when the county sheriff discovered that Chambers was still alive, a guard was placed outside his room. Chambers was subsequently charged with Liberty's murder. He pleaded not guilty and has asserted his innocence throughout.

The story of Leon Chambers is intertwined with the story of another man, Gable McDonald. McDonald, a lifelong resident of Woodville, was in the crowd on the evening of Liberty's death. Sometime shortly after that day, he left his wife in Woodville and moved to Louisiana and found a job at a sugar mill. In November of that same year, he returned to Woodville when his wife informed him that an acquaintance of his, known as Reverend Stokes, wanted to see him. Stokes owned a gas station in Natchez, Mississippi, several miles north of Woodville, and upon his return McDonald went to see him. After talking to Stokes, McDonald agreed to make a statement to Chambers' attorneys, who maintained offices in Natchez. Two days later, he appeared at the attorneys' offices and gave a sworn confession that he shot Officer Liberty. He also stated that he had already told a friend of his, James Williams, that he shot Liberty. He said that he used his own pistol, a nine-shot .22-caliber revolver, which he had discarded shortly after the shooting. In response to questions from Chambers' attorneys, McDonald affirmed that his confession was voluntary and that no one had compelled him to come to them. Once the confession had been transcribed,

Page 288

signed, and witnessed, McDonald was turned over to the local police authorities and was placed in jail.

One month later, at a preliminary hearing, McDonald repudiated his prior sworn confession. He testified that Stokes had persuaded him to confess that he shot Liberty. He claimed that Stokes had promised that he would not go to jail and that he would share in the proceeds of a lawsuit that Chambers would bring against the town of Woodville. On examination by his own attorney and on cross-examination by the State, McDonald swore that he had not been at the scene when Liberty was shot but had been down the street drinking beer in a cafe with a friend, Berkley Turner. When he and Turner heard the shooting, he testified, they walked up the street and found Chambers lying in the alley. He, Turner, and Williams took Chambers to the hospital. McDonald further testified at the preliminary hearing that he did not know what had happened, that there was no discussion about the shooting either going to or coming back from the hospital, and that it was not until the next day that he learned the Chambers had been felled by a blast from Liberty's riot gun. In addition, McDonald stated that while he once owned a .22-caliber pistol he had lost it many months before the shooting and did not own or possess a weapon at that time. The local justice of the peace accepted McDonald's repudiation and released him from custody. The local authorities undertook no further investigation of his possible involvement.

Chambers' case came on for trial in October of the next year.2 At trial, he endeavored to develop two

Page 289

grounds of defense. He first attempted to show that he did not shoot Liberty. Only one officer testified that he actually saw Chambers fire the shots. Although three officers saw Liberty shoot Chambers and testified that they assumed he was shooting his attacker, none of them examined Chambers to see whether he was still alive or whether he possessed a gun. Indeed, no weapon was ever recovered from the scene and there was no proof that Chambers had ever owned a .22-caliber pistol. One witness testified that he was standing in the street near where Liberty was shot, that he was looking at Chambers when the shooting began, and that he was sure that Chambers did not fire the shots.

Petitioner's second defense was that Gable McDonald had shot Officer Liberty. He was only partially successful, however, in his efforts to bring before the jury the testimony supporting this defense. Sam Hardin, a lifelong friend of McDonald's, testified that he saw McDonald shoot Liberty. A second witness, one of Liberty's cousins, testified that he saw McDonald immediately after the shooting with a pistol in his hand. In addition to the testimony of these two witnesses, Chambers endeavored to show the jury that McDonald had repeatedly confessed to the crime. Chambers attempted to prove that McDonald had admitted responsibility for the murder on four separate occasions, once when he gave the sworn statement to Chambers' counsel and...

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5756 practice notes
  • United States v. Fatico, No. 76-CR-81.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 1, 1977
    ...criminal trial process demands that they yield to competing interests. Nevertheless, as the Court cautioned in Chambers v. Mississippi, 410 U.S. 284, 295, 93 S.Ct. 1038, 1046, 35 L.Ed.2d 297 (1973), substantial justification is required before either right is denied or significantly Of cour......
  • Williams v. Anderson, No. 04-3515.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • August 28, 2006
    ...the Supreme Court has expressly cumulated prejudice from distinct errors under the Due Process Clause. Chambers v. Mississippi, 410 U.S. 284, 298, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) ("We need not decide, however, whether this error alone would occasion reversal since Chambers' claimed den......
  • Allen v. Howes, Case No. 05-10304.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 25, 2009
    ...of witnesses whose testimony he had no right to use." Id. at 23, 87 S.Ct. 1920. A similar problem arose in Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), where the defendant was tried for the murder of a police officer. The defendant was accused after evidence ......
  • Young v. Conway, No. 07–CV–6047(VEB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • January 27, 2011
    ...his right to call a crucial witness and present a ‘misidentification’ defense.” Id. (Docket No. 1) (citing Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) 5).1. The Exhaustion Requirement Has Not Been Fulfilled Respondent argues that the claim is unexhausted beca......
  • Request a trial to view additional results
5743 cases
  • United States v. Fatico, No. 76-CR-81.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 1, 1977
    ...criminal trial process demands that they yield to competing interests. Nevertheless, as the Court cautioned in Chambers v. Mississippi, 410 U.S. 284, 295, 93 S.Ct. 1038, 1046, 35 L.Ed.2d 297 (1973), substantial justification is required before either right is denied or significantly Of cour......
  • Williams v. Anderson, No. 04-3515.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • August 28, 2006
    ...the Supreme Court has expressly cumulated prejudice from distinct errors under the Due Process Clause. Chambers v. Mississippi, 410 U.S. 284, 298, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) ("We need not decide, however, whether this error alone would occasion reversal since Chambers' claimed den......
  • Allen v. Howes, Case No. 05-10304.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 25, 2009
    ...of witnesses whose testimony he had no right to use." Id. at 23, 87 S.Ct. 1920. A similar problem arose in Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), where the defendant was tried for the murder of a police officer. The defendant was accused after evidence ......
  • Young v. Conway, No. 07–CV–6047(VEB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • January 27, 2011
    ...his right to call a crucial witness and present a ‘misidentification’ defense.” Id. (Docket No. 1) (citing Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) 5).1. The Exhaustion Requirement Has Not Been Fulfilled Respondent argues that the claim is unexhausted beca......
  • Request a trial to view additional results
4 books & journal articles
  • Two Rights Collide: Determining When Attorney-Client Privilege Should Yield to a Defendant’s Right to Compulsory Process or Confrontation
    • United States
    • American Criminal Law Review Nbr. 58-2, April 2021
    • April 1, 2021
    ...against self-incrimination denied the defendant an opportunity for effective cross- examination). 173. See Chambers v. Mississippi, 410 U.S. 284, 298 (1973) (holding that the state’s voucher rule interfered with the defendant’s rights under the Confrontation Clause). State voucher rules pre......
  • Equalizing Access to Evidence: Criminal Defendants and the Stored Communications Act.
    • United States
    • Yale Law Journal Vol. 131 Nbr. 5, March 2022
    • March 1, 2022
    ...constitutional rights set by the U.S. Constitution. (192.) U.S. CONST. amends. V, XTV, [section] 1. (193.) Chambers v. Mississippi, 410 U.S. 284, 294 (194.) 373 U.S. 83, 87 (1963). (195.) 412 U.S. 470(1973). (196.) California v. Trombetta, 467 U.S. 479, 485 (1984). (197.) Brady, 373 U.S. at......
  • Criminal Justice Decisions of the Supreme Court of the United States, 2006 Term
    • United States
    • Criminal Justice Review Nbr. 32-4, December 2007
    • December 1, 2007
    ...S.Ct. 1706 (2007).Burton v. Stewart, 127 S.Ct. 793 (2007) (per curiam) .Carey v. Musladin, 127 S.Ct. 649 (2006).Chambers v. Mississippi, 410 U.S. 284 (1973).Chapman v. California, 386 U.S. 18 (1967).Crawford v. Washington, 541 U.S. 36 (2004).Cunningham v. California, 127 S.Ct. 856 (2007).Fo......
  • Character, Credibility, and Rape Shield Rules
    • United States
    • The Georgetown Journal of Law & Public Policy Nbr. 19-1, January 2021
    • January 1, 2021
    ...TEX. R. EVID. 608. 30. Commonwealth v. Bohannon, 376 Mass. 90 (1978). 31. Id. at 95. 32. Id. at 94. 33. Chambers v. Mississippi, 410 U.S. 284 (1973). See infra note 63 and accompanying text. 154 THE GEORGETOWN JOURNAL OF LAW & PUBLIC POLICY [Vol. 19:145 constitution.34 Moreover, it expressl......

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