TaiLexi AI U.S. Case Law

Davis v. Goodson

James E. Davis v. John W. Goodson

Davis v. Goodson, 459 U.S. 1154 (1983)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
January 17, 1983
Docket
No. 82-490
Judges
Stevens, Marshall
Citations
459 U.S. 1154103 S. Ct. 79874 L. Ed. 2d 100251 U.S.L.W. 35301983 U.S. LEXIS 3148

Opinion of the Court

Sup. Ct. Ark. Certio-rari denied.

Concurrence — Stevens

Justice Stevens,

concurring.

Because the petition for a writ of certiorari does not affirmatively show that a federal question was presented to or decided by the Supreme Court of Arkansas, I believe the Court correctly denies the writ.

Dissent — Marshall

Justice Marshall,

dissenting.

Petitioner was summarily held in contempt for advising his client that he had a privilege not to submit to a breath-analysis test. In citing petitioner for contempt, the judge made no finding that the advice was given in bad faith. Given the absence of such a finding, I would grant certiorari to decide whether petitioner’s conviction and sentence for contempt *1155 are constitutionally infirm in light of this Court’s decision in Maness v. Meyers, 419 U. S. 449 (1975), where we held that “an advocate is not subject to the penalty of contempt for advising his client, in good faith, to assert the Fifth Amendment privilege against self-incrimination in any proceeding embracing the power to compel testimony.” Id., at 468 . See also id., at 472 (Stewart, J., concurring in result); In re Watts, 190 U. S. 1, 29 (1903) (“if an attorney acts in good faith and in the honest belief that his advice is well founded and in the just interests of his client, he cannot be held liable for error in judgment”).

Combined text as published — syllabus, headnotes and all opinions in one document

459 U.S. 1154 103 S.Ct. 798 74 L.Ed.2d 1002

James E. DAVIS v. John W. GOODSON

No. 82-490

Supreme Court of the United States

January 17, 1983

On petition for writ of certiorari to the Supreme Court of Arkansas.

The petition for writ of certiorari is denied.

Justice STEVENS, concurring in the denial of the petition for writ of certiorari.

Because the petition for a writ of certiorari does not affirmatively show that a federal question was presented to or decided by the Supreme Court of Arkansas, I believe the Court correctly denies the writ.

Justice MARSHALL, dissenting.

1

Petitioner was summarily held in contempt for advising his client that he had a privilege not to submit to a breathalyzer test. In citing petitioner for contempt, the judge made no finding that the advice was given in bad faith. Given the absence of such a finding, I would grant certiorari to decide whether petitioner's conviction and sentence for contempt are constitutionally infirm in light of this Court's decision in Maness v. Meyers, 419 U.S. 449 , 95 S.Ct. 584 , 42 L.Ed.2d 574 (1975), where we held that "an advocate is not subject to the penalty of contempt for advising his client, in good faith, to assert the Fifth Amendment privilege against self-incrimination in any proceeding embracing the power to compel testimony." Id., at 468 , 95 S.Ct., at 596 . See also id., at 472 , 95 S.Ct., at 598 (Stewart, J., concurring in the result); In re Watts, 190 U.S. 1, 29 , 23 S.Ct. 718, 725 , 47 L.Ed. 933 (1903) ("if an attorney acts in good faith and in the honest belief that his advice is well founded and in the just interests of his client, he cannot be held liable for error in judgment").

How later courts describe this case

Explanatory parentheticals written by citing courts — 7 in all; the most informative distinct ones are shown.

Cited by 37 cases

View all citing references →
1983: 21984: 71985: 31986: 41987: 41988: 21991: 21993: 21994: 31995: 31996: 21997: 11998: 12000: 119832026peak 1984 · 7

Relies on it most ⓘ

  1. In re Krisle54 B.R. 330 (Bankr. D.S.D. 1985)
  2. David Whitney Chamberlain v. Richard F. Celeste729 F.2d 1071 (6th Cir. 1984)
  3. Fisher v. State736 P.2d 1003 (Okla. Crim. App. 1987)
  4. Fisher v. State1987 OK CR 85, 736 P.2d 1003
  5. VanWoundenberg v. State1986 OK CR 81, 720 P.2d 328
  6. Valdez v. State1995 OK CR 18, 900 P.2d 363

Most recent

  1. Jones v. Gibson206 F.3d 946 (10th Cir. 2000)
  2. Fitzgerald v. State1998 OK CR 68, 972 P.2d 1157
  3. Slaughter v. State1997 OK CR 78, 950 P.2d 839
  4. Smith v. State1996 OK CR 50, 932 P.2d 521
  5. Salazar v. State1996 OK CR 25, 919 P.2d 1120
  6. Smallwood v. State1995 OK CR 60, 907 P.2d 217

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Maness v. Meyers, 419 U.S. 449 (1975) 767
In re Watts & Sachs, 190 U.S. 1 (1903) 210

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list