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Constitutional Law

Washington Law Review

1971

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Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon Jul 1971

Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon

Washington Law Review

Procter J. Baker was charged with violation of a Fairbanks ordinance for the offense of assault and demanded a trial by jury in the district court. Baker contended that the holding of the United States Supreme Court in Duncan v. Louisiana was dispositive of his case and that he was entitled to a jury trial as a matter of constitutional right, even though the maximum possible punishment was limited to $600 fine or 60 days imprisonment or both. Upon the trial court's denial of his asserted right, Baker petitioned for direct review by the Alaska Supreme Court. The Alaska court …


Constitutional Law—Abortions: Abortion As A Ninth Amendment Right.—Babbitz V. Mccann, 310 F.Supp. 293 (E.D.Wis. 1970), Appeal Dismissed Per Curiam, 91 S. Ct. 12 (1970), Anon May 1971

Constitutional Law—Abortions: Abortion As A Ninth Amendment Right.—Babbitz V. Mccann, 310 F.Supp. 293 (E.D.Wis. 1970), Appeal Dismissed Per Curiam, 91 S. Ct. 12 (1970), Anon

Washington Law Review

Plaintiff, a physician, allegedly performed a "nontherapeutic" abortion upon a woman carrying an unquickened fetus and was subsequently prosecuted under the Wisconsin abortion statute. He brought suit in federal district court to enjoin enforcement of the statute and to obtain a declaratory judgment that the statute was unconstitutional. The injunction was denied, but the declaratory judgment was granted. Held: The state may not deprive a woman of her ninth amendment right to decide whether to carry or reject an unquickened child. Babbitz v. McCann, 310 F. Supp. 293 (E.D. Wis. 1970), appeal dismissed per curiam, 91 S. Ct. 12 (1970).