Cicenia v. Lagay
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Overruled
- Overruled by Escobedo v. Illinois (1964)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2444: Escobedo v. Illinois, 378 U.S. 478 (1964) — Cicenia v. Lagay, 357 U.S. 504 (1958); Crooker v. California, 357 U.S. 433 (1958).
- Overruled by Miranda v. Arizona (1966)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2444: Miranda v. Arizona, 384 U.S. 436 (1966) — Crooker v. California, 357 U.S. 433 (1958); Cicenia v. La Gay, 357 U.S. 504 (1958).
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
Claiming that his conviction of murder in a state court on a plea of non vult violated the Due Process Clause of the Fourteenth Amendment, petitioner applied to a Federal District Court for a writ of habeas corpus, which was denied. He had retained counsel before his arrest; but, while being questioned by state police, he was repeatedly denied the right to consult his counsel until he had confessed. He was not permitted to inspect his confession before pleading to the indictment. Held: Petitioner's conviction did not violate the Due Process Clause of the Fourteenth Amendment. Pp. 505-511.
Printed on p. 504 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
1. An independent examination of the record satisfies this Court that the District Court was justified in concluding that petitioner failed to substantiate the charge that his confession was coerced. P. 508.
Printed on p. 504 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. Refusal to permit petitioner to consult his counsel while being questioned by the state police did not of itself violate the Fourteenth Amendment. Crooker v. California, ante, p. 433. Pp. 508-510.
Printed on p. 504 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
3. In the absence of a showing of prejudice, petitioner was not denied due process by the trial judge's discretionary refusal to perlnit him to inspect his written confession before pleading to the indictment. Pp. 510-511'
Printed on p. 504 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
240 F. 2d 844, affirmed.
Printed on p. 504 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Cicenia v. Lagay, 357 U.S. 504 (1958)”:
- overruled by Miranda v. Arizona (table of overruled decisions)