NICHOLS v. UNITED STATES

No. 92-8556.

511 U.S. 738 (1994)

NICHOLS v. UNITED STATES

United States Supreme Court.

Decided June 6, 1994.


Attorney(s) appearing for the Case

William B. Mitchell Carter, by appointment of the Court, 510 U.S. 942, argued the cause for petitioner. With him on the briefs was Mary Julia Foreman.

Deputy Solicitor General Bryson argued the cause for the United States. With him on the brief were Solicitor General Days, Assistant Attorney General Harris, Michael R. Dreeben, and Thomas E. Booth.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Souter, J., filed an opinion concurring in the judgment, p. 749. Blackmun, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 754. Ginsburg, J., filed a dissenting opinion, p. 765.


Chief Justice Rehnquist delivered the opinion of the Court.

In this case, we return to the issue that splintered the Court in Baldasar v. Illinois, 446 U.S. 222 (1980): Whether the Constitution prohibits a sentencing court from considering a defendant's previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense.

In 1990, petitioner Nichols pleaded...

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