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MANCUSI v. STUBBS

No. 71-237.

408 U.S. 204 (1972)

92 S.Ct. 2308

33 L.Ed.2d 293

MANCUSI, CORRECTIONAL SUPERINTENDENT v. STUBBS.

Supreme Court of United States.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Maria L. Marcus, Assistant Attorney General of New York, argued the cause for petitioner. With her on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Stanley L. Kantor, Deputy Assistant Attorney General.

Bruce K. Carpenter (for Court appointment of counsel, see 406 U.S. 941) argued the cause and filed a brief for respondent.

Melvin Bressler filed a brief for the District Attorney of Monroe County, New York, as amicus curiae.

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Respondent Stubbs was convicted of a felony in a New York State court and sentenced as a second offender under the laws of that State by reason of a prior Tennessee murder conviction obtained in 1964. He thereafter sought federal habeas corpus, claiming that the Tennessee conviction was had in violation of his Sixth and Fourteenth Amendment right to confront witnesses against him, and thus could not be used...

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