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Supreme Court· 5/3/1976

Francis v. Henderson

Citations

  • 425 U.S. 536
  • 96 S. Ct. 1708
  • 48 L. Ed. 2d 149
  • 1976 U.S. LEXIS 116

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that showing of actual prejudice necessary to overcome procedural 8 waiver arising from failure to object to structural error at trial
  • holding that showing of actual prejudice necessary to overcome procedural waiver arising from failure to object to structural error at trial
  • recognizing abstention in the context of the habeas corpus statute where \considerations of comity and concerns for the orderly administration of criminal justice require\
  • stating that the state court had held that the constitutional claim of the petitioner had been waived
  • requiring “not only a showing of ‘cause’ for the defendant’s failure to challenge the composition of the grand jury before trial, but also a showing of actual prejudice”
  • applying Davis to a state defendant who failed to make a timely challenge to the composition of the grand jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Blacicmun, Brennan, Burger, Powell, Stewart, White

Read full opinion on CourtListener

Cited by

443 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Francis v. Henderson

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.