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Hassin Bin Sober

(26,827 posts)
5. No it does not.
Sun Dec 1, 2024, 08:09 PM
Dec 1

That case often cited is Burdick wherein the opinion mentions accepting a pardon could be an imputation of guilt. It was not part of the ruling meant as precedent - it was so called “dictum” or mentioned as an example.

In fact, an appeals court recently ruled Burdick shouldn’t be used as precedent for that reason:

https://en.wikipedia.org/wiki/Burdick_v._United_States#:~:text=Although%20the%20Supreme%20Court's%20opinion,by%20the%20recipient%20is%20disputed

Although the Supreme Court's opinion stated that a pardon carries "an imputation of guilt and acceptance of a confession of it,"[1] this was part of the Court's dictum for the case.[3] Whether the acceptance of a pardon constitutes an admission of guilt by the recipient is disputed. In Lorance v. Commandant, USDB (2021) the 10th Circuit Court of Appeals ruled that "there is no confession and Lorance does not otherwise lose his right to petition for habeas corpus relief for his court-martial conviction and sentence. The case was remanded for further action not inconsistent with the court’s opinion."[4]

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