Spencer v. Texas/Dissent Brennan

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929772Spencer v. Texas — DissentWilliam J. Brennan, Jr.
Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinion
Stewart
Dissenting Opinion
Brennan

United States Supreme Court

385 U.S. 554

Spencer  v.  Texas

 Argued: Oct. 17 and 18, 1966. --- Decided: Jan 23, 1967


Mr. Justice BRENNAN, with whom Mr. Justice DOUGLAS joins, dissenting.

I join the opinion of THE CHIEF JUSTICE insofar as that opinion would reverse in Nos. 68 and 69. I would, however, also reverse in No. 70. It seems to me that the constitutional error here involved undermined 'the very integrity of the fact-finding process', Linkletter v. Walker, 381 U.S. 618, 639, 85 S.Ct. 1731, 1743, 14 L.Ed.2d 601, and I would therefore apply the rule retroactively. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811; Griffin v. People of State of Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891; Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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