Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Barber v. Page

United States Supreme Court
390 U.S. 719 (1968)


Jack Barber and Charles Woods, who were being tried in Oklahoma state court for armed robbery, retained an attorney named Parks to represent them both. However, at the preliminary hearing, Woods waived his privilege against self-incrimination in order to testify and Parks withdrew as his counsel, while continuing to represent Barber. When Woods incriminated Barber at the preliminary hearing, Parks did not cross-examine Woods. At Barber’s trial seven months later, the State of Oklahoma (State) (plaintiff) introduced a transcript of Woods’ testimony from the preliminary hearing, claiming that Woods was not available to testify because he was incarcerated in federal prison in Texas. The State made no effort to have Woods testify at trial. The court admitted the transcript over Barber’s objection and Barber was convicted. After unsuccessful appeals in the state appellate courts, Barber petitioned for a writ of habeas corpus in federal court. The writ was denied in district court, and that decision was affirmed in the court of appeals. Barber appealed to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Marshall, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial