Facts of the Case
Following a jury trial, Jackie Washington was convicted of murder and sentenced to 50 years in prison. At trial, Washington alleged that Charles Fuller, already convicted for the same murder, actually shot the victim while Washington attempted to stop the shooting. Washington claimed that Fuller would testify to these facts, but the prosecution objected based on a state statute that prevented persons charged in the same crime from testifying on behalf of one another. Washington argued that refusing to allow Fuller to testify violated his Sixth Amendment right to compulsory process for obtaining a witness in his favor. The Texas Court of Criminal Appeals affirmed the conviction.
Questions
Is the Sixth Amendment compulsory process clause applicable to the states through the Fourteenth Amendment?
Does a state statute prohibiting persons charged together in the same crime from testifying for each other violate the Sixth Amendment right to compulsory process?
Conclusions
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Yes, Yes. Chief Justice Warren E. Burger, writing for eight members of the court, reversed the lower court. The Supreme Court held that the Sixth Amendment right to compulsory process is so fundamental that it is incorporated in the due process clause of the Fourteenth Amendment. Washington was denied that right in this case. Justice John M. Harlan concurred in the result, writing that Washington’s right to due process was violated, but the compulsory process clause played no role in his decision.
Principles of State Constitutional Interpretation
Federalist Society Review, Volume 23
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
