Gilbert v. California
| Decision Date | 13 June 1966 |
| Docket Number | M,No. 1600,1600 |
| Citation | 16 L.Ed.2d 1003,86 S.Ct. 1902,384 U.S. 985 |
| Parties | Jesse James GILBERT, petitioner, v. CALIFORNIA. isc |
| Court | U.S. Supreme Court |
Motion for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of California granted limited to Questions 2, 3, 4, and 5 of the petition which read as follows:
'2. Whether a criminal defendant's constitutional right to due process of law and his guarantee against self-incrimination were violated where the conviction of petitioner Gilbert was based substantially upon the out-of-court declaration of his co-defendant King which recited Gilbert's participation in robbery, kidnapping and murder and King's in court confession which the California Court has ruled as a matter of state law was impelled by the wrongful admission of King's hearsay statements?
'3. Whether a criminal defendant's constitutional protection against unreasonable search and seizure was violated where a conviction was had upon a capital offense and sentence of death was rendered upon eyewitness identification that was based, in whole or in part, upon a viewing by such witnesses of four protographs that were seized by the F.B.I. from petitioner's locked private apartment without either an arrest or search warrant at a time when an arrest had not been made and could not be made, all contrary to the fair administration of criminal justice and due process provisions of the United States Constitution?
'4. Whether a criminal defendant's constitutional right to counsel was violated where he was convicted of a capital offense and sentenced to death upon eyewitness testimony that was based, in whole or in part, upon a viewing by such witnesses of unlawfully sized photographs prior to their attendance at a police line-up where petitioner was compelled to appear, without notice, and his attorney was not given opportunity to be present, all contrary to the fair administration of criminal justice and due process provisions of the United States Constitution?
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Gilbert v. United States
...114, 115-116; People v. Gilbert, Cal., 1965, 63 Cal.2d 690, 47 Cal.Rptr. 909, 408 P.2d 365, 376-377 cert. granted, 1966, 384 U.S. 985, 86 S.Ct. 1902, 16 L.Ed. 2d 1003; People v. Lopez, Cal., 1963, 32 Cal.Rptr. 424, 384 P.2d 16, The foregoing cases involve such matters as police lineups, Rig......
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State v. Fletcher
...1602, 16 L.Ed.2d 694, or obtaining eyewitness testimony at the identification lineup at the jailhouse, Gilbert v. California (1967), 384 U.S. 985, 86 S.Ct. 1902, 16 L.Ed.2d 1003, have infringed upon the sovereignty traditionally exercised by state law enforcement authorities in ferreting ou......
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Gilbert v. State of California
...penalty. The California Supreme Court affirmed, 63 Cal.2d 690, 47 Cal.Rptr. 909, 408 P.2d 365. We granted certiorari, 384 U.S. 985, 86 S.Ct. 1902, 16 L.Ed.2d 1003, and set the case for argument with Wade and with Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199. If our holding......
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Collins v. Brierley
...petitioner when shown him through a window in the county jail. This case was tried before the decisions in Gilbert v. Calif., 384 U.S. 985, 86 S.Ct. 1902, 16 L.Ed.2d 1003 (1967) and United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L. Ed.2d 1149 (1967), decided by the United States Sup......