Showing posts with label UNITED STATES V. TUCKER 404 U.S. 443 (1972). Show all posts
Showing posts with label UNITED STATES V. TUCKER 404 U.S. 443 (1972). Show all posts

UNITED STATES V. TUCKER 404 U.S. 443 (1972) CASE BRIEF

UNITED STATES V. TUCKER

404 U.S. 443 (1972)

NATURE OF THE CASE: This was an appeal from a sentenced imposed in a bank robbery.

FACTS: Tucker (D) was charged with armed bank robbery and was convicted. During trial four witnesses identified D and he testified on his own behalf claiming an alibi. To impeach his credibility, the prosecution introduced evidence of his three prior felony convictions in 1938, 1946 and 1950. D was found guilty and upon sentencing the judge explicitly made it clear that the maximum sentence was being imposed because of the three previous felony convictions. D was sentenced to 25 years. Several years later it was determined by Gideon v. Wainwright that D was wrongfully convicted of the 1938 and 1946 crimes in that he was not represented by counsel.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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