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Full-Text Articles in Law
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
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
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
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
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
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.
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
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 …