fikes v alabama

We hold that the circumstances of pressure applied against the power of resistance of this petitioner, who cannot be deemed other than weak of will or mind, deprived him of due process of law. MERRILL, J., concurs in the foregoing views. She knew he was a Negro but did not see his face as it was covered. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Rehearing Denied June 23, 1955. 53. The facts thus alleged were verified by the affidavit of defendant. No single one of these circumstances alone would in my opinion justify a reversal. Such conduct is not only not consonant with our professions about criminal justice, as against authoritarian methods that we denounce.

1347, 1350, 93 L.Ed. Oldham v. State, 259 Ala. 507, 67 So. Some of them who are otherwise qualified are professional men, such as dentists, doctors, school teachers, embalmers and druggists, all of whom are exempt.

With him on the brief was John Patterson, Attorney General. Nevertheless, such an occurrence is "relevant circumstantial evidence in the inquiry as to physical or psychological coercion" Stein v. New York, 346 U.S. 156, 187. 1354, 93 L.Ed. (R. She had a legal right to testify. We have often held that Alabama law and procedure do not prohibit the use of testimony so obtained on trial for a state crime in a state court. 2d 55; Ingram v. State, 252 Ala. 497, 42 So. Si Garrett, Atty.

3. Like the other, it consists of responses to questions. However, two other women testified to similar housebreakings (one of which resulted in rape), and they each identified petitioner as the burglar. Mrs. Binford, on another occasion, found defendant in her bathroom in her home in Selma on May 1, 1953 at twenty minutes to eleven at night. It is their duty under section 20, Title 30, as amended July 7, 1945, Pocket Part Code to meet annually between the first of August and the twentieth of December, and to make in a well bound book a roll containing the name of every male citizen living in the county who possesses the qualifications prescribed by statute and who is not exempt by law from jury service. Please log in or sign up for a free trial to access this feature. 1801. Wolf v. People of State of Colo., 338 U.S. 25, 69 S. Ct. 1359, 93 L. Ed. e.g., Watts v. State of Indiana, 338 U.S. 49, 53, 69 S.Ct. The evidence here without conflict supports the finding of the trial court. The Supreme Court of Alabama, after reviewing the record, has sustained the conviction. Watts v. Indiana, 338 U.S. 49, 54. Held: The circumstances of pressure applied against the power of resistance of this petitioner, who was weak of will or mind, deprived him of due process of law contrary to the Fourteenth Amendment. 350 U.S. 993, 76 S.Ct. So far as appears, his only prior involvement with the law was a conviction for burglary of a store in November 1949; he was released on parole in January 1951. It is not appropriate to say that they *310 are entitled to be represented in the same proportion as the whites are represented unless their qualifications are in the same proportion. He seeks reversal of the judgment through a writ of certiorari to the Supreme Court of Alabama, which sustained the conviction. William Earl FIKES, Petitioner, v. STATE OF ALABAMA. No evidence of other details was offered. This testimony was admitted at the present trial 'solely on the question of intent and identity of defendant and his motive on the occasion then on trial.' 263 Ala., at 99, 81 So.2d, at 313. Before the first confession, petitioner, at his own request, was permitted to see the sheriff of his home county, and his employer. It was locked when she went to bed but was open when he ran out of it. Petitioner was questioned again for three hours on Saturday, May 23. "The Court: Over-rule the objection. McNabb v. United States, 318 U.S. 332. We have long since held, notwithstanding section 445, Title 7, Code, that we will not reverse for such a refusal by the trial court. The facts essential to the present decision are as follows: During the early months of 1953, a number of housebreakings, some involving rape or attempted rape, were committed in the City of Selma, Alabama. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. He saw no friend or relative. Both his father and a lawyer were barred in attempts to see him. And psychological coercion is by no means manifest. In an Alabama state court, petitioner, an uneducated Negro of low mentality or mentally ill, was convicted of burglary with intent to commit rape and was sentenced to death. See Ingram v. State, 252 Ala. 497, 42 So.2d 36. 819. That day, a lawyer who came to the prison to see him was turned away. The comparison without that is not an accurate guide for a determination of the question. This, with the challenged confessions, was substantially all the evidence concerning the crime at the trial. We hold that the circumstances of pressure applied against the power of resistance of this petitioner, who cannot be deemed other than weak of will or mind, deprived him of due process of law. 224; Watts v. State of Indiana, supra. 2d 36. In Stein, the Court said: That is the same standard that has been utilized in each case, according to its total facts. contains alphabet). Petitioner's removal to Kilby Prison, after authorization by a state circuit judge, stands on quite a different footing from the episode in Ward v. State of Texas, 316 U.S. 547, 62 S.Ct. The only evidence as to the nature of the testimony before the grand jury which returned the indictment on which the instant trial was had was that of the foreman of the grand jury. The foregoing opinion was prepared by FOSTER, Supernumerary Justice of this Court, while serving on it at the request of the Chief Justice under authority of Title 13, section 32, Code, and was adopted by the Court as its opinion. 302, 92 L.Ed. And cf. It lasted 'several hours' in the afternoon and into the evening. His testimony that he repeatedly advised petitioner "that he was entitled to counsel and his various rights" must be viewed in the light of the facts concerning petitioner's mentality and experience just outlined. The judgment is reversed, and the cause is remanded for proceedings not inconsistent with this opinion. In this instance I do not think it can be said that the procedures followed in obtaining petitioner's confessions violated constitutional due process. MR. JUSTICE FRANKFURTER, whom MR. JUSTICE BRENNAN joins, concurring.

We find no reversible error, and the judgment should be affirmed. Negroes never sat on a grand jury nor tried a case on a petit jury. He cannot restrict the nature of the relevant testimony he proposes to give. There was no effort to show what Mrs. Rockwell knew and may have testified before them. The elements usually associated with cases in which this Court has been constrained to act are, in my opinion, not present here in constitutional proportions, separately or in combination. Such conduct is not only not consonant with our professions about criminal justice, as against authoritarian methods that we denounce. His father, although not permitted to see petitioner on the day of the first confession,2 was allowed to see him before the second confession. So far as appears, his only prior involvement with the law was a conviction for burglary of a store in November 1949; he was released on parole in January 1951. Gen., and Paul T. Gish, Jr., Asst. The testimony of the responsible officers was that this removal was done for petitioner's protection, although no specific threat against him had been made. The questioning of petitioner was conducted principally by Captain Baker of the Selma police. The evidence shows that a large majority of the Negroes are ignorant, with little or no education and low moral character, and there is much venereal disease among them and a large percentage of illegitimacy. I recognize that particularly in "coerced confession" cases the boundary line is frequently difficult to draw. Kelly v. State, 160 Ala. 48, 49 So. The motion to quash was properly overruled. The setting aside of this conviction, in my opinion, oversteps the boundary between this Court's function under the Fourteenth Amendment and that of the state courts in the administration of state criminal justice. Concededly, there was no brutality or physical coercion. Therefore, it is unnecessary at this time to decide or discuss the other two issues raised by petitioner. Read Fikes v. Alabama, 352 U.S. 191 free and find dozens of similar cases using artificial intelligence. And cf. Objection was overruled and defendant excepted. From those remaining he draws cards for the different panels for petit jury service. There is no evidence of physical brutality, and particular elements that were present in other cases in which this Court ruled that a confession was coerced do not appear here. By section 65, Title 30, the number of veniremen left, from which the trial jury is taken in a capital case, cannot be less than thirty. Clinton Fikes sued ASD in December 1991, alleging that while employed by ASD, he suffered an accident, and that as a result of that accident he was rendered permanently disabled. He seeks reversal of the judgment through a writ of certiorari to the Supreme Court of Alabama, which sustained the conviction. Supreme Court of Alabama. This record reveals a course of conduct that, however conscientiously pursued, clearly falls below those standards. 1522. Petitioner was admitted to Kilby Prison on an order or letter from a State Circuit Judge. The evidence was that on Friday night about "10:20" of April 24, 1953, Mrs. Rockwell was asleep in her bedroom. It seems to be a well settled principle that a magnetic tape recording may be used as evidence when it is of matters otherwise legal, and provided the proper safeguards are shown to have been used so as to protect the recording against error or spoliation.

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