John Marshall Harlan II

John Marshall Harlan II

Summary

Portrait of John Marshall Harlan II John Marshall Harlan II Chessman v. Teets (354 U.S. 156…

This Court may not disregard the Constitution because an appeal in this case, as in others, has been made on the eve of execution. We must be deaf to all suggestions that a valid appeal to the Constitution, even by a guilty man, comes too late, because courts, including this Court, were not earlier able to enforce what the Constitution demands. The proponent before the Court is not the petitioner but the Constitution of the United States.
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II Chessman v. Teets (354 U.S. 156…

Even so, the fact remains that the petitioner has never had his day in court upon the controversial issues of fact and law involved in the settlement of the record upon which his conviction was affirmed.
By no means are we to be understood as saying that the state record has been shown to be inaccurate or incomplete. All we hold is that, consistently with procedural due process, California's affirmance of petitioner's conviction upon a seriously disputed record, whose accuracy petitioner has had no voice in determining, cannot be allowed to stand.
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II Chessman v. Teets (354 U.S. 156…

However, it is obvious that if the reporter's transcript is so important as to give the court such power in a civil case, a fortiori it must have such importance in a criminal case in which, on the evidence to be transcribed, the accused is sentenced to death. Likewise its importance is emphasized by the California law making the appeal automatic from death sentences.
Source: Wikisource

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