Solem v. Stumes

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Solem v. Stumes
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Argued November 28, 1983
Decided February 29, 1984
Full case nameSolem, Warden, South Dakota State Penitentiary v. Norman Stumes
Citations 465 U.S. 638 ( more )
104 S. Ct. 1338; 79 L. Ed. 2d 579; 1984 U.S. LEXIS 36; 52 U.S.L.W. 4307
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr.  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
John P. Stevens  · Sandra Day O'Connor
Case opinions
Majority White, joined by Burger, Blackmun, Rehnquist, O'Connor
Concurrence Powell
Dissent Stevens, joined by Brennan, Marshall

Solem v. Stumes, 465 U.S. 638 (1984), was a United States Supreme Court case in which the Court held that its decision in Edwards v. Arizona (1980) should not be applied retroactively.

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Edwards v. Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication, exchanges, or conversations with the police. Statements obtained in violation of this rule are a violation of a defendant's Fifth Amendment rights.

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