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MICHIGAN v. PAYNE

No. 71-1005.

412 U.S. 47 (1973)

93 S.Ct. 1966

36 L.Ed.2d 736

MICHIGAN v. PAYNE.

Supreme Court of United States.

Decided May 21, 1973.

Attorney(s) appearing for the Case

John A. Smietanka argued the cause for petitioner. With him on the briefs were Frank J. Kelley, Attorney General of Michigan, Robert A. Derengoski, Solicitor General, and Ronald J. Taylor.

James R. Neuhard argued the cause for respondent. With him on the brief was Arthur J. Tarnow.

MR. JUSTICE POWELL delivered the opinion of the Court.

A writ of certiorari was granted in this case, 409 U.S. 911 (1972), to decide whether the due process holding of North Carolina v. Pearce, 395 U.S. 711, 723-726 (1969), is to be given retroactive effect. For the reasons that follow, we hold today that this decision is nonretroactive.

I

Respondent, Leroy Payne, pleaded guilty in a county circuit court...

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