Morehead v. Ohio (1972)

NOTES [1] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [2] The case was vacated "insofar as it leaves undisturbed the death penalty imposed... ." 408 U.S. at 845, 92 S.Ct. at 2845, 33 L.Ed.2d at 744.

See Robinson, 485 U.S. at 33-34 , 108 S.Ct. at 869-70 ; Montgomery v. Commonwealth, 346 S.W.2d 479, 482 (Ky.1961) (“It seems to us apparent that when the questionable statements of the prosecuting attorney, with their attendant circumstances, are considered, they were provoked by and made in response to previous statements of the defendant’s attorney before the jury.”); Brooks v. Commonwealth, 281 Ky. 415 , 136 S.W.2d 552, 553 (1940) (“[H]e had a right to answer any argument…

See Bartholomey v. State, 260 Md. 504, 513 , 273 A.2d 164, 169 (1971), modified, 408 U.S. 938 , 92 S.Ct. 2870 , 33 L.Ed.2d 759 (1972), reh’g denied, 409 U.S. 901 , 93 S.Ct. 180 , 34 L.Ed.2d 162 (1972).

See Dougherty , 149 So.3d at 678 (noting that the purpose of expert reports is " 'to aid and assist the Court, so as to enable the Court wisely to determine' " a defendant's competence (quoting Brown v. State , 245 So.2d 68 , 71 (Fla. 1971), vacated in part on other grounds , 408 U.S. 938 , 92 S.Ct. 2870 , 33 L.Ed.2d 759 (1972) ) ).

See Dougherty , 149 So.3d at 678 (noting that the purpose of expert reports is " 'to aid and assist the Court, so as to enable the Court wisely to determine' " a defendant's competence (quoting Brown v. State , 245 So.2d 68 , 71 (Fla. 1971), vacated in part on other grounds , 408 U.S. 938 , 92 S.Ct. 2870 , 33 L.Ed.2d 759 (1972) ) ).

See Dougherty, 149 So. 3d at 678 (noting that the purpose of expert reports is “‘to aid and assist the Court, so as to enable the Court wisely to determine’” a defendant’s competence (quoting Brown v. State, 245 So. 2d 68, 71 (Fla. 1971), vacated in part on other grounds, 408 U.S. 938 (1972))).

See also, State v. Square, 257 La. 743 , 244 So.2d 200, 226 (1971), judgment vacated in part, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972), mandate conformed to, 263 La. 291 , 268 So.2d 229 (1972) (“Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence to be offered at trial.”).

See also, State v. Square, 257 La. 743 , 244 So.2d 200, 229 (1971), vacated in part by Square v. Louisiana, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972) (prospective juror’s past association with the Ku Klux Klan did not form a basis for a challenge for cause where he stated his prior association with the organization would not interfere with his impartial judgment in the case); Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988), ce rt. denied, 489 U.S. 1011 , 109 S.…

See also State v. Square, 257 La. 743 , 244 So.2d 200, 226 (1971), judgment vacated in part, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972), mandate conformed to, 263 La. 291 , 268 So.2d 229 (1972)("Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence to be offered at trial"); State v. Smith, 216 La. 1041 , 45 So.2d 617 (1950)("hypothetical questions and question…

See also, State v. Square, 257 La. 743 , 244 So.2d 200, 226 (1971), judgment vacated in part, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972), mandate conformed to, 263 La. 291 , 268 So.2d 229 (1972) (" Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence to be offered at trial.").

See also, State v. Square, 257 La. 743 , 244 So.2d 200, 226 (1971), judgment vacated in part, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972), mandate conformed to, 263 La. 291 , 268 So.2d 229 (La.1972) ("Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence to be offered at trial.").

See also, Bartholomey v. State, 260 Md. 504, 513 , 273 A.2d 164 (1971), vacated in part and remanded on other grounds, 408 U.S. 938 , 92 S.Ct. 2870 , 33 L.Ed.2d 759 (1972), reh’g denied, 409 U.S. 901 , 93 S.Ct. 180 , 34 L.Ed.2d 162 (1972).

See State v. Square, 257 La. 743 , 244 So.2d 200, 224 (1971), sentence vacated on other grounds, 408 U.S. 938 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (1972); State v. Wise, 434 So.2d 1308, 1312 (La.App. 3d Cir.1983).

Accord Brown v. State, 245 So.2d 68 (Fla. 1971), vacated in part, 408 U.S. 938 , 92 S.Ct. 2870 , 33 L.Ed.2d 759 (1972) (only vacating the imposition of the death penalty); Olsen v. State, 338 So.2d 225 (Fla. 3d DCA 1976).

See Bartholomey v. State, 260 Md. 504 , 273 A.2d 164 (1971), vac. in part, 408 U.S. 938 , 92 S. Ct. 2870 (1972).

See Bartholomey v. State, 260 Md. 504, 525 , 273 A. 2d 164 (1971), vacated as to death sentence, 408 U. S. 938 (1972). 7 .