Hollins v. State of Oklahoma

Decision Date13 May 1935
Docket NumberNo. 686,686
Citation295 U.S. 394,55 S.Ct. 784,79 L.Ed. 1500
PartiesHOLLINS v. STATE OF OKLAHOMA
CourtU.S. Supreme Court

Mr. Charles H. Houston, of Washington, D.C., for petitioner.

Mr. Mac Q. Williamson, Atty. Gen. (Mr. Smith C. Matson, Asst. Atty. Gen., on the brief), for the State of Oklahoma.

PER CURIAM.

Petitioner was convicted in the District Court of Okmulgee county, Okl., upon an information charging rape. At the trial, petitioner challenged the jury panel upon the ground that negroes for a long period had been excluded from jury service in that county solely on account of their race or color, and that this discrimination had deprived petitioner of the equal protection of the laws in violation of the Constitution of the united States. Evidence was taken by the trial court upon this issue, the challenge was overruled, and petitioner excepted. Upon appeal, the federal question was presented to the Criminal Court of Appeals and was decided against petitioner. This Court granted a writ of certiorari, April 1, 1935, 294 U.S. 704, 55 S.Ct. 636, 79 L.Ed. -.

From its examination of the evidence, the Court is of the opinion that the case calls for the application of the principles declared in Neal v. Delaware, 103 U.S. 370, 397, 26 L.Ed. 567, and Norris v. Alabama, 294 U.S. 587, 55 S.Ct. 579, 79 L.Ed. 1074.

The judgment is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

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41 cases
  • Peters v. Kiff 8212 5078
    • United States
    • U.S. Supreme Court
    • June 22, 1972
    ... ... in the list of questions presented by the writ of certiorari. Pp ... 2. A State cannot, consistent with due process, subject a ... defendant to indictment by a grand jury or ... 7. Avery v. Georgia, 345 U.S. 559, 73 S.Ct. 891, 97 L.Ed ... 1244 (1953); Hollins v. Oklahoma, 295 U.S. 394, 55 S.Ct. 784, 79 ... L.Ed. 1500 (1935) ... 8. Sims v. Georgia, ... ...
  • Tollett v. Henderson 8212 95
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    • U.S. Supreme Court
    • April 17, 1973
    ...354, 59 S.Ct. 536, 83 L.Ed. 757 (1939); Hale v. Kentucky, 303 U.S. 613, 58 S.Ct. 753, 82 L.Ed. 1050 (1938); Hollins v. Oklahoma, 295 U.S. 394, 55 S.Ct. 784, 79 L.Ed. 1500 (1935); Norris v. Alabama, 294 U.S. 587, 55 S.Ct. 579, 79 L.Ed. 1074 (1935); Martin v. Texas, 200 U.S. 316, 26 S.Ct. 338......
  • United States ex rel. Haynes v. McKendrick, 70 Civ. 3041.
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    • U.S. District Court — Southern District of New York
    • October 25, 1972
    ...283, 13 L.Ed.2d 222 (1964); Hamilton v. Alabama, supra; Johnson v. Virginia, supra; Avery v. Georgia, supra; Hollins v. Oklahoma, 295 U.S. 394, 55 S. Ct. 784, 79 L.Ed. 1500 (1935); Martin v. Texas, 200 U.S. 316, 26 S.Ct. 338, 50 L.Ed. 497 (1906); Ex parte Virginia, 100 U.S. 339, 25 L.Ed. 67......
  • Miller v. State
    • United States
    • North Carolina Supreme Court
    • January 30, 1953
    ...59 S.Ct. 536, 83 L.Ed. 757; Hale v. Commonwealth of Kentucky, 303 U.S. 613, 58 S.Ct. 753, 82 L.Ed. 1050; Hollins v. State of Oklahoma, 295 U.S. 394, 55 S.Ct. 784, 79 L.Ed. 1500; Norris v. State of Alabama, 294 U.S. 587, 55 S.Ct. 579, 79 L.Ed. 1074; Rogers v. State of Alabama, 192 U.S. 226, ......
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5 books & journal articles
  • How Many Times Was Lochner-era Substantive Due Process Effective? - Michael J. Phillips
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 48-3, March 1997
    • Invalid date
    ..."often capricious." Id. at 88. 45. 273 U.S. 536 (1927). 46. Id. at 540-41. 47. 286 U.S. 73 (1932). 48. Id. at 89. 49. Hollins v. Oklahoma, 295 U.S. 394, 395 (1935) (jury service); Norris v. Alabama, 294 U.S. 587, 597-99 (1935) (jury service); Rogers v. Alabama, 192 U.S. 226, 229-31 (1904) (......
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    • Case Western Reserve Law Review Vol. 72 No. 3, March 2022
    • March 22, 2022
    ...based on race constitutes a denial of equal protection guaranteed to a petitioner by the Fourteenth Amendment); Hollins v. Oklahoma, 295 U.S. 394, 395 (1935) (ruling that the exclusion of jurors based on race deprived the petitioner of equal protection of the laws); Norris v. Alabama, 294 U......
  • Addressing Racial Bias in the Jury System: Another Failed Attempt?
    • United States
    • Georgia State University College of Law Georgia State Law Reviews No. 35-3, March 2019
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    ...from juries." Id. As examples, the Court offered the following cases: Neal v. Delaware, 103 U.S. 370 (1881); Hollins v. Oklahoma, 295 U.S. 394 (1935) (per curiam); Avery v. Georgia, 345 U.S. 559 (1953); Hernandez v. Texas, 347 U.S. 475, (1954); Castaneda v. Partida, 430 U.S. 482 (1977). Id.......
  • The Road to Bush v. Gore:1 the History of the Supreme Court's Use of the Per Curiam Opinion
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    • University of Nebraska - Lincoln Nebraska Law Review No. 79, 2021
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    ...instructions to consider an unresolved issue "composed as above stated" in the per curiam. Id.* at 76. In the other, Hollins v. Oklahoma*, 295 U.S. 394 (1935), the Court again remanded a Fourteenth Amendment claim based on exclusion of blacks from a criminal jury, this time with directions ......
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