Greer v. Beto

Citation384 U.S. 269,86 S.Ct. 1477,16 L.Ed.2d 526
Decision Date23 May 1966
Docket NumberM,No. 720,720
PartiesTommy N. GREER v. George BETO, Director, Texas Department of Corrections. isc
CourtUnited States Supreme Court

William E. Gray, for petitioner.

Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., and Howard M. Fender, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the Court of Criminal Appeals of Texas.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Doughty v. Maxwell, 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed.2d 650; see Garner v. Pennsylvania, 372 U.S. 768, 83 S.Ct. 1105, 10 L.Ed.2d 138; United States ex rel. Durocher v. LaVallee, 330 F.2d 303 (C.A.2d Cir.).

Mr. Justice HARLAN would set the case for argument, believing that the retroactivity of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, as applied in a recidivist case, presents problems of its own that are deserving of plenary consideration.

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83 cases
  • Dabney, In re
    • United States
    • California Court of Appeals Court of Appeals
    • October 31, 1968
    ...of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 86 S.Ct. 1477 ) is to erode the principle of that case. Worse yet, since the defect in the prior conviction was denial of the right to coun......
  • Shorter v. United States
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 11, 1969
    ...v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 86 S.Ct. 1477, 16 L.Ed.2d 526) is to erode the principle of that case. * * * The admission of a prior criminal conviction which is constitutionally i......
  • Com. v. Jones
    • United States
    • Pennsylvania Superior Court
    • March 7, 1977
    ...v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 86 S.Ct. 1477, 16 L.Ed.2d 526) is to erode the principle of that case.' 389 U.S. at 115, 88 S.Ct. at 262. Therefore, to say that appellant was incapa......
  • Middleton v. State
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1985
    ...(1963) ] to be used against a person either to support guilt or enhance punishment for another offense ( see Greer v. Beto, 384 U.S. 269 [86 S.Ct. 1477, 16 L.Ed.2d 526 (1966) ]) is to erode the principle of that case. Worse yet, since the defect in prior conviction was denial of the right t......
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