In the case of Henry v. Mississippi, 1964, the U.S. Supreme Court considered whether a defendant's constitutional rights were violated when evidence obtained unlawfully was used against him in court. The defendant, Henry, had been convicted for burglary based on evidence that he argued was seized during an illegal search by police officers - violating his Fourth Amendment right to protection from unreasonable searches and seizures. However, this argument wasn't raised at trial but only later in appeal proceedings. The Mississippi Supreme Court rejected his claim stating it should have been made at trial level first before being brought up on appeal. When appealed to the U.S Supreme Court though, they disagreed with this ruling and remanded the case back to state courts for further consideration. The key issue here was not just about unlawful seizure of evidence but also about procedural fairness – specifically whether defendants must always object at trial or risk forfeiting their rights altogether if they fail to do so immediately. This decision underscored how important it is for lower courts to consider all potential violations of constitutional rights even if these issues are not initially raised by defense attorneys during trials.

In the dissenting opinion for Henry v. Mississippi, Justice Harlan argued that the majority's decision was a departure from established principles of federalism and comity. He contended that it is not within the Supreme Court’s jurisdiction to review state court decisions unless there is an explicit claim of violation of constitutional rights at every stage in state proceedings. In this case, he believed no such claim had been made during trial or appeal in Mississippi courts; therefore, according to him, it should not have been reviewed by the Supreme Court. Furthermore, he disagreed with the majority's view on "deliberate bypass", stating that even if one were to accept their interpretation (which he did not), there was insufficient evidence presented to suggest any deliberate bypass occurred here.