Name: Pointer v. Texas — Opinion of the Court
Author: Hugo Black

Quotes from Pointer v. Texas — Opinion of the Court (Hugo Black)

Hugo Black, Pointer v. Texas — Opinion of the Court

“ There are few subjects, perhaps, upon which this Court and other courts have been more nearly unanimous than in their expressions of belief that the right of confrontation and cross-examination is an essential and fundamental requirement for the kind of fair trial which is this country's constitutional goal. Indeed, we have expressly declared that to deprive an accused of the right to cross-examine the witnesses against him is a denial of the Fourteenth Amendment's guarantee of due process of law. ”

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Source: Wikisource

Hugo Black, Pointer v. Texas — Opinion of the Court

“ Since we hold that the right of an accused to be confronted with the witnesses against him must be determined by the same standards whether the right is denied in a federal or state proceeding, it follows that use of the transcript to convict petitioner denied him a constitutional right, and that his conviction must be reversed. ”

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Source: Wikisource

Hugo Black, Pointer v. Texas — Opinion of the Court

“ We hold that petitioner was entitled to be tried in accordance with the protection of the confrontation guarantee of the Sixth Amendment, and that that guarantee, like the right against compelled self-incrimination, is 'to be enforced against the States under the Fourteenth Amendment according to the same standards that protect those personal rights against federal encroachment.' Malloy v. ”

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Source: Wikisource

Hugo Black, Pointer v. Texas — Opinion of the Court

“ In this case the objections and arguments in the trial court as well as the arguments in the Court of Criminal Appeals and before us make it clear that petitioner's objection is based not so much on the fact that he had no lawyer when Phillips made his statement at the preliminary hearing, as on the fact that use of the transcript of that statement at the trial denied petitioner any opportunity to have the benefit of counsel's cross-examination of the principal witness against him. ”

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Source: Wikisource

Hugo Black, Pointer v. Texas — Opinion of the Court

“ United States, supra, 174 U.S., at 61, 19 S.Ct., at 579. Nothing we hold here is to the contrary. The case before us would be quite a different one had Phillips' statement been taken at a full-fledged hearing at which petitioner had been represented by counsel who had been given a complete and adequate opportunity to cross-examine. Compare Motes v. United States, supra, 178 U.S., at 474, 20 S.Ct., at 999. There are other analogous situations which might not fall within the scope of the constitutional rule requiring confrontation of witnesses. ”

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Source: Wikisource

Hugo Black, Pointer v. Texas — Opinion of the Court

“ People of State of New York, 346 U.S. 156, 195-196, 73 S.Ct. 1077, 1098 1099, 97 L.Ed. 1522. But of course since Gideon v. Wainwright, supra, it no longer can broadly be said that the Sixth Amendment does not apply to state courts. ”

Hugo Black

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Quotes from Pointer v. Texas — Opinion of the Court (Hugo Black)

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Hugo Black

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Quotes from Pointer v. Texas — Opinion of the Court (Hugo Black)

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