Maxwell v. BishopAnnotate this Case
398 U.S. 262 (1970)
U.S. Supreme Court
Maxwell v. Bishop, 398 U.S. 262 (1970)
Maxwell v. Bishop
Argued March 4, 1969
Reargued May 4, 1970
Decided June 1, 1970
398 U.S. 262
Petitioner challenged his jury conviction for rape and the sentence of death imposed pursuant to Arkansas law on the grounds that (1) the jury had determined the issues of guilt and sentencing in a single proceeding, thus precluding him from presenting evidence on the penalty issue without subjecting himself to self-incrimination on the guilt issue, and (2) the jury had been given no standards to guide it in sentencing. The District Court denied a writ of habeas corpus, and the Court of Appeals affirmed. Several prospective jurors had been removed for cause from the panel "because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction," which this Court held impermissible in Witherspoon v. Illinois,391 U. S. 510, decided after petitioner's trial.
Held: Although the Witherspoon issue was not raised below, the case is remanded to the District Court for consideration of that issue. Boulden v. Holman,394 U. S. 478.
398 F.2d 138, vacated and remanded.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.