Law Commons^™

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …

Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal

Buffalo Law Review

No abstract provided.

Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert

Buffalo Law Review

No abstract provided.

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …

Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon

Washington Law Review

Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …

Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon

Washington Law Review

Defendant was charged with unlawful possession of burglary tools, and fraudulent attempt to obtain narcotics. With agreement of defense counsel, the charges were consolidated for trial. At the close of the state's case, the trial court granted defendant's motion to suppress evidence relating to the burglary tools charge because it was obtained by an illegal search, dismissed the charge of unlawful possession of burglary tools, and instructed the jury to disregard all evidence or inferences concerning that charge. The trial court denied defendant's motion for a mistrial, and he was subsequently convicted of fraudulent attempt to obtain narcotics. On appeal, …

Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon

Washington Law Review

Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to …

Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger

Washington Law Review

This comment is concerned with habeas corpus jurisdiction in terms of its availability and issuance in behalf of persons physically restrained by the exercise of federal authority other than article III federal courts. Restraint by article III courts is excluded from discussion because the federal Habeas Corpus Act of 19486 fully covers those cases by specific provisions for relief of persons convicted and confined as a result of criminal proceedings in state or federal district courts. Thus, uncertainties as to habeas corpus availability and issuance only exist in regard to "non-article III"' restraint.

Criminal Procedure—Confession Of A Fourteen-Year-Old Held Not To Contravene Due Process; Availability Of Coram Nobis When Conviction Rests On Guilty Plea Of A Juvenile Left Unanswered, Brian Troy

Buffalo Law Review

People v. DeFlumer, 16 N.Y.2d 20, 209 N.E.2d 93, 261 N.Y.S.2d 42 (1965).

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."

Criminal Procedure—New York Code Of Criminal Procedure Section 813-C Allows Accused To Challenge Perjurious Statements In An Affidavit Upon Which A Search Warrant Was Issued To Contravert The Warrant, Frederick A. Wolf

Buffalo Law Review

People v. Alfinito, 16 N.Y.2d 181, 211 N.E.2d 644, 264 N.Y.S.2d 243 (1965).

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.

Double Punishment For Burglarious Offenses

Washington and Lee Law Review

No abstract provided.

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

Procedure--Waiver Of Special Appearance--Effect Of Rules Of Civil Procedure, Robert Larry Sarber

West Virginia Law Review

No abstract provided.

Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review

Michigan Law Review

The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …

Constitutional Law - Search And Seizure - Wife's Consent To Search And Seizure Of Husband's Property Held Not Sufficient To Waive Constitutional Rights Protecting Husband. State V. Hall, 142 S.E.2d 177 (1965)., R. H. Kraftson

William & Mary Law Review

No abstract provided.

Criminal Law Arrest, Thomas P. Ruane

Duquesne Law Review

A police officer may stop and question a person, short of arrest, if the officer has reasonable suspicion, as distinguished from probable cause to believe, that the person has committed a crime; and may make a brief frisk of the person for dangerous weapons if the officer reasonably believes that his personal safety so requires.

Commonwealth v. Hicks, 209 Pa. Super. 1, 223 A.2d 873 (1966).

Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell

Kentucky Law Journal

No abstract provided.

The Degree Of Nondisclosed Evidence Sufficiently Exculpatory To Constitute A Denial Of Due Process - State V. Giles

Maryland Law Review

No abstract provided.

To Kill A Mockingbird - Stare Decisis And M'Naghten In Maryland, Kenneth L. Lasson

Maryland Law Review

No abstract provided.

The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia

Maryland Law Review

No abstract provided.

Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon

Washington Law Review

After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …

Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson

Indiana Law Journal

No abstract provided.

Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith

Michigan Law Review

A Review of A Casebook of Complete Criminal Trials by Harold Norris

The Supreme Court And Criminal Procedure, Edward S. Northrop

Maryland Law Review

No abstract provided.

A Test For Retroactivity In Criminal Cases - Schowgurow V. State

Maryland Law Review

No abstract provided.