Andersen v. Treat

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Andersen v. Treat
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Argued November 8, 1898
Decided November 14, 1898
Full case nameJohn Andersen v. Treat
Citations 172 U.S. 24 ( more )
19 S. Ct. 67; 43 L. Ed. 351; 1898 U.S. LEXIS 1638
Prior history Appeal from the District Court of the United States for the Eastern District of Virginia
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan  · Horace Gray
David J. Brewer  · Henry B. Brown
George Shiras Jr.  · Edward D. White
Rufus W. Peckham  · Joseph McKenna
Case opinions
Majority Fuller, joined by unanimous

Andersen v. Treat, 172 U.S. 24 (1898), was a United States Supreme Court case in which John Andersen was convicted of the murder of William Wallace Sanders, who was his mate on the ship Olive Pecket. Andersen was found guilty and sentenced to death, but petitioned the District Court of the United States for the Eastern District of Virginia for a writ of habeas corpus, under the claim that he had been deprived of his right to counsel under the Sixth Amendment to the United States Constitution. Chief Justice Fuller delivered the opinion of the Court affirming the order of the lower court.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

Right to counsel means a defendant has a right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. 153 of the 194 constitutions currently in force have language to this effect.

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