BARBER V. PAGE
390 U.S. 719 (1968)
NATURE OF THE CASE: This was a dispute over the introduction of a prior trial transcript
from a preliminary hearing.
FACTS: Barber (D) and Woods were tried for armed robbery. At a preliminary hearing, Parks
represented both Ds. At that hearing Woods waived his privilege against self-incrimination
and Parks withdrew as his attorney but continued to represent D. At that hearing Woods
incriminated D but Parks did not cross examine although a lawyer for D did so. When D was
tried seven months later, Woods was in prison 225 miles away in Texas. Over D's objection,
the transcript of the preliminary hearing was introduced. D was convicted and lost his
appeals in the Oklahoma state system and applied for habeas corpus and he lost at the
District Court and the appeals court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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