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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Michigan Law Review
Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …
Criminal Law—Wiretapping, Robert Rosinski
Criminal Law—Wiretapping, Robert Rosinski
Buffalo Law Review
People v. Abelson, 309 N. Y. 643, 132 N. E. 2d 884 (1956).
Criminal Law—Jury, Richard F. Griffin
Criminal Law—Jury, Richard F. Griffin
Buffalo Law Review
People v. Winship, 309 N. Y. 311, 130 N.E. 2d 634 (1955).
Criminal Law—Appeal From Dismissal Of Injunction, Paul Shatkin
Criminal Law—Appeal From Dismissal Of Injunction, Paul Shatkin
Buffalo Law Review
People v. Levenstein, 309 N. Y. 433, 131 N.E. 2d 719 (1956).
Criminal Law—Coram Nobis—Right To Hearing, Paul Shatkin
Criminal Law—Coram Nobis—Right To Hearing, Paul Shatkin
Buffalo Law Review
People v. Lain, 309 N. Y. 291, 130 N.E. 2d 105 (1955); People v. White, 309 N. Y. 636, 132 N.E. 2d 880 (1956).
Criminal Law—Coram Nobis—Presumption Of Regularity, Vincent P. Furlong
Criminal Law—Coram Nobis—Presumption Of Regularity, Vincent P. Furlong
Buffalo Law Review
People v. Boehm, 309 N. Y: 362, 130 N.E. 2d 897 (1955).
Criminal Law—Speedy Trial, Robert Casey Jr.
Criminal Law—Speedy Trial, Robert Casey Jr.
Buffalo Law Review
People v. Prosser, 309 N. Y. 353, 130 N. E. 2d 891 (1955).
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Washington Law Review
Giron et al. v. Cranor, 116 F.Supp. 92 (E.D.Wash. 1953), aff'd sub nom. Cranor v. Gonzales, 226 F.2d 83 (9th Cir. 1955), cert. denied, 350 U.S. 935 (1956) represents another significant step in the expanding supervision of state criminal proceedings by the federal courts. Petitioner was arrested without a warrant and held incommunicado for more than 24 hours by Seattle police. During this interval he was intensely interrogated and finally signed a statement which was offered as a confession at the murder trial of petitioner and his two alleged accomplices. Timely objection was made to the admission on the ground …
Recent Extensions Of Felony Murder Rule
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
William and Mary Review of Virginia Law
No abstract provided.
Pending Peril And The Right To Search Dwellings, Max Deberry, Gerhard O. W. Mueller
Pending Peril And The Right To Search Dwellings, Max Deberry, Gerhard O. W. Mueller
West Virginia Law Review
No abstract provided.
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Michigan Law Review
The Florida Supreme Court sustained the conviction of Irvin, a Negro, on a charge of rape, but the Supreme Court of the United States reversed and remanded the case. Defendant was granted a change of venue to Marion County, where he requested a second change of venue, claiming that the notoriety of his case had made him personally odious to the residents of Marion County. He attempted to introduce the results of a public opinion poll made by the Elmo Roper Research and Public Opinion Organization to support his claim. The field supervisor and the tabulator were called to testify …
Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi
Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi
Michigan Law Review
Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is "the inescapable element of due process" and cannot …
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Michigan Law Review
The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Michigan Law Review
Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …
Constitutional Law - Due Process - Privilege Against Self-Incrimination In State Criminal Proceedings, Frank M. Lacey
Constitutional Law - Due Process - Privilege Against Self-Incrimination In State Criminal Proceedings, Frank M. Lacey
Michigan Law Review
In March 1951, defendant, a New York City policeman, was called to testify before a state grand jury investigating the association of city policemen with the criminal element of Kings County. Existing laws required public officers to execute a waiver of immunity to prosecution for matters to which their testimony related, on pain of losing their positions. The defendant signed such a waiver, and shortly thereafter resigned from the police force. He was called before the same grand jury again in December 1952, and on this occasion was asked whether he had ever accepted bribes while a policeman. He refused …
Criminal Law—Amendment Of Indictment, Leon Schulgasser
Criminal Law—Amendment Of Indictment, Leon Schulgasser
Buffalo Law Review
People v. Ercole, 308 N. Y. 425, 126 N. E. 2d 543 (1955).
Criminal Law—Attorney-Client Privilege, Howard L. Meyer Ii
Criminal Law—Attorney-Client Privilege, Howard L. Meyer Ii
Buffalo Law Review
People v. Shapiro, 308 N. Y. 453, 126 N. E. 2d 559 (1955).
Criminal Law—Privilege Against Self-Incrimination, Howard L. Meyer Ii
Criminal Law—Privilege Against Self-Incrimination, Howard L. Meyer Ii
Buffalo Law Review
People v. De Feo, 308 N. Y. 595, 127 N. E. 2d 592 (1954).
Criminal Law—Grand Jury, Howard L. Meyer Ii
Criminal Law—Grand Jury, Howard L. Meyer Ii
Buffalo Law Review
People v. Donahue, 309 N. Y. 6, 127 N. E. 2d 725 (1955).
Criminal Law—Charging Lower Counts, Howard L. Meyer Ii
Criminal Law—Charging Lower Counts, Howard L. Meyer Ii
Buffalo Law Review
People v. Mussenden, 308 N. Y. 558, 127 N. E. 2d 551 (1955).
Criminal Law—New Trial, Howard L. Meyer Ii
Criminal Law—New Trial, Howard L. Meyer Ii
Buffalo Law Review
People v. Salemi, 309 N. Y. 208, 128 N. E. 2d 377 (1955).
Criminal Law—Coram Nobis, Arnold Liberman
Criminal Law—Coram Nobis, Arnold Liberman
Buffalo Law Review
People v. Hendricks, 308 N. Y. 486, 127 N. E. 2d 281 (1955).
Criminal Law—Conclusiveness Of Magistrate's Return, Leon Schulgasser
Criminal Law—Conclusiveness Of Magistrate's Return, Leon Schulgasser
Buffalo Law Review
People v. Mason, 307 N. Y. 570, 122 N. E. 2d 916 (1954).
Criminal Law—Insanity, Arnold Lieberman
Criminal Law—Insanity, Arnold Lieberman
Buffalo Law Review
People v. Horton, 308 N. Y. 1, 123 N. E. 2d 609 (1954).
Criminal Law—Evidence, Thomas Hagmeir, Howard L. Meyer Ii
Criminal Law—Evidence, Thomas Hagmeir, Howard L. Meyer Ii
Buffalo Law Review
People v. Dales, 309 N. Y. 97, 127 N. E. 2d 829 (1955); People v. Lee, 308 N. Y. 302, 125 N. E. 2d 580 (1955).
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Michigan Law Review
Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …