Henry v. Mississippi (1964)
- Docket
- 6
- Decided
- 1964-01-01
- Category
- General
Summary
Question: Does Henry’s conviction violate due process where it is based on evidence obtained in an illegal search, and that evidence was later objected to in a motion for directed verdict instead of at the time the evidence was introduced? Conclusion: Maybe. In a 5-4 decision, Justice William J. Brennan wrote the majority opinion, vacating the lower judgment and remanding the case. The Supreme Court held that the Mississippi rule requiring contemporaneous objection to evidence serves a legitimate state interest, but the motion for directed verdict may also serve the same interest. The Court remanded the case to consider whether Henry had knowingly waived his objection to the officer’s testimony. Justice Hugo L. Black wrote a dissent, stating that the Supreme Court should decide the issue of waiver instead of remanding. Justice John M. Harlan wrote a dissent, expressing that the Supreme Court should dismiss the case because the Mississippi Supreme Court ruled on adequate state law grounds to preclude the U.S. Supreme Court from reviewing the case. Justice Tom C. Clark and Justice Potter Stewart joined the dissent.