Opinion · Supreme Court of the United States

Cartera v. Virginia

Cartera v. Va., 449 U.S. 880 (1980)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1980-10-06
Topic
general

How later courts describe this case

  • in custody awaiting trial on state and federal charges and awaiting revocation of parole arising out of earlier state conviction
  • A trial court need not instruct on a defendant's theory of defense where there is no support therefor in the evidence.
  • “neither a pretrial detainee nor a parole violator has a sufficient interest in the rehabilitation programs of his confining institution to justify invocation of the Act”
  • notation on prisoner’s record reading “Hold for U.S. Marshalls” insufficient for detainer because recorded by official from sending state and not at direction of officials from receiving entity
  • Arbitrary application of Illinois waiver rule would justify federal habeas relief
  • defendant's presence in court presumed though not explicit in record

Citator

UpLaw has not yet analyzed Cartera v. Virginia. The absence of a flag is not a finding that it is good law.

Cited by
74 opinions

Sup. Ct. Va. Certiorari denied.