Arizona Republic from Phoenix, Arizona on July 7, 1976 · Page 18
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July 7, 1976

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Arizona Republic from Phoenix, Arizona · Page 18

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Location:
Phoenix, Arizona
Issue Date:
Wednesday, July 7, 1976
Page:
Page 18
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Page 18 article text (OCR)

July 7, 1976 The Arizona Republic Justices restrict rights of prisoners to appeal to federal courts Assoclnted Press \VASHINGTON-The Supreme Court, in a break with the Earl Warren court, cut back the power of state prisoners to challenge their convictions in federal court. By a 6-3 vote Tuesday, the court said prisoners may not appeal to a federal court if they had a fair chance to persuade state courts they were convicted with illegally obtained evidence. At the same time, the court followed up its decision on capital punishment last Friday by striking down Oklahoma's mandatory death penalty for several categories of murder. The court acted on a series of cases involving the constitutional guarantee against unreasonable searches and seizures. In 1961, the Supreme Court ruled that state courts must exclude from criminal trials any evidence obtained in violation of this ban, known as the exclusionary rule. In Tuesday's decision, the high court specifically retained that ruling as it applies to the use of evidence and the defendant's right to appeal to state courts. The court, however, severely weakened the impact of a 1969 decision that allowed prisoners to appeal to federal courts. In an opinion by Justice Lewis F. Powell Jr., the court said that the exclusionary rule, as now applied in federal habeas corpus proceedings "deflects t h e truth-finding process and often frees the guilty." "Where the state has provided an opportunity for full and fair litigation of a jFourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence in an unconstitutional search or seizure was introduced at his trial," Powell said. Chief Justice Warren E. Burger said in a concurring opinion that at most the exclusionary rule should be retained "for a small and limited category of cases." The court doubted the rule's success in deterring police from illegalities. Justices William J. Brennan Jr., Thurgood Drifter gets 18 terms in 9 deaths Associated Press NEW YORK - A 28- year-old drifter was sentenced to 18 life terms in prison Tuesday for the murder of nine women, all but one in the same rundown hotel. Based on state law he could be eligible for parole in 30 years. Calvin Jackson — found guilty last May of killing the women while robbing and raping them — displayed no emotion as state Supreme Court Justice Aloysious J. Melia ticked off the sentences. "Twenty-five years to life," he intoned repeatedly. Four of the sentences are to run consecutively. Jackson had said "voices" inspired him to suffocate and strangle his victims, eight of whom lived at the Park Plaza hotel on West 77th Street, where Jackson had lived with a girl friend. The ninth victim lived a few doors away. The prosecutor, Assist- a n t District Attorney Kenneth Klein, asked for the "severest penalty." He called Jackson "an opportunist who attempted to satisfy his sexual lust and his lust for money." ''He robbed these women, sold their meager possessions and raped them," Klein declared. Robert Blossner, who unsuccessfully defended Jackson on the ground he was legally insane, asked for the minimum sentence — 15 years to life. Marshall and Byron White dissented. R. the In other decisions, court: -Ruled 7-2 that the border patrol may stop autos at regular checkpoints without having a particular reason to believe that there are illegal aliens In the car. —Ruled 5-4 that federal judges may not keep union workers from strik- i n p in sympathy with another striking union even though their own contract prohibits strikes. —Upheld by a 5-4 vote the use as evidence a bag of marijuana which police found in the glove compartment of a car during a routine search after impounding the vehicle for a parking violation. —Ruled 5-3 that evidence illegally seized by police may br user! in a civil proceeding, such as a suit for refund of taxes, in federal court. —Agreed lo hear arguments next term on whether states must pro- vide free abortions to women on welfare who choose to have them. It also will consider whether a municipal hospital may be required to perform abortions. DENTAL PLATES AM Union Plon Members and their Families aro invited. 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We've also added Dote-A-Print at no extra charge. Month & year on each print. 1 Hth Ivi. nd Ciolut 3lth kit. Mi V» Bum St. UtN *««. tni Thuadtrbird north Niydu it Theau ScoHtdile 6123 North 35th 4 Glendile 43rd Av«. and Olivt SltUvo. t Thonii Witt Camelback at 87th Glendale Wtil Oiborn Rd. It 7th Avo. HcKilliis t Gllbiri Mi, Mm E. Cimilbiek it 20lh Chindlir Arizoni I Ray Rd. 1643 E. Highway 271 il Gottenwood St., Cottonwood, Ariz. 6821 S. Central at Southtn Callback Mall tr, Scolfedalt S15 E. Mali SI. Mm Thritty-Sifmy Shopiiii Cintor 3261 Cactus Rd. *! 32»d St. 1.12th at Nirthir* A»i. Pit* Vtrdi Ciitir E. McDowell Rd. it 44th St., Thriftj-Frr't Shopping Cinlir ' South McCliitook it Souther* ,

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