top of page
Search

Today in Supreme Court History: October 9

  • Oct 8, 2023
  • 1 min read

Pilon v. Bordenkircher, 444 U.S. 1 (decided October 9, 1979): Court, relying on its own recent precedent, reverses the denial of habeas and remands back to District Court; after state court conviction for manslaughter, lower court applied former standard for violation of Due Process (reversing only if there is “no evidence in support of conviction”); new, more defendant-friendly standard is whether if “after viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt”


Agoston v. Commonwealth of Pennsylvania, 340 U.S. 844 (decided October 9, 1950): denying cert in murder case; Frankfurter in support writes to emphasize that denying cert does not mean the Court is affirming the decision below; Douglas and Black dissent, pointing out that this case is similar to a recent case where the Court had overturned conviction on Due Process grounds (Turner v. Commonwealth of Pennsylvania, 338 U.S. 62) (in that pre-Miranda case, appearance before magistrate was delayed until confession had been obtained by police after “prolonged questioning”)

 
 
 

Recent Posts

See All
Today in Supreme Court History: June 10

Terry v. Ohio, 392 U.S. 1 (decided June 10, 1968): allowed “stop and frisk” without warrant if suspicion of armed and involved in a crime (whence came the term “Terry stop”) Whren v. United States, 51

 
 
 
Today in Supreme Court History: June 9

Carey v. Population Services Int’l, 431 U.S. 678 (decided June 9, 1977): statute prohibiting sale of non-prescription contraceptives, and contraceptives to minors, violated Due Process right to privac

 
 
 
Today in Supreme Court History: June 8

Gitlow v. New York, 268 U.S. 652 (decided June 8, 1925): New York’s “criminal anarchy” statute (still on the books!) permissible despite First Amendment because penalizes advocating violent overthrow

 
 
 

Comments


Thanks for submitting!

bottom of page