Frazier v. Cupp Case Brief

Facts of the Case

Upon trial in an Oregon state court, the defendant was convicted of second-degree murder, and the Supreme Court of Oregon affirmed the conviction. The defendant filed a petition for a writ of habeas corpus in the United States District Court for the District of Oregon, asserting that (1) his constitutional right to confrontation, guaranteed by theand, had been violated by prosecutorial misconduct in that the prosecutor had included in his opening statement a summary of testimony that he expected to receive from a person who had been indicted with the accused and had pleaded guilty, but who later asserted his privilege against self-incrimination when called as a witness by the prosecutor, (2) his confession to the police should not have been admitted in evidence, since his right to counsel was violated when the police continued the questioning after he said that he thought he should get a lawyer before he talked any more, (3) alternatively, the confession should have been excluded as being involuntary, and (4) his clothing, which had been seized by the police upon searching his duffel bag after they had arrested the defendant’s cousin, who had possession of the duffel bag and consented to the search, should not have been admitted in evidence. The District Court granted the writ, but the Court of Appeals for the Ninth Circuit reversed.


Can a citizen prosecuted without probable cause obtain relief under 42 U.S.C. 1983 for the deprivation of substantive due process rights?



Case Information

Citation: 394 US 731 (1969)
Argued: Feb 26, 1969
Decided: Apr 22, 1969
Case Brief: 1969