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Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Michigan Law Review
Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …
Constitutional Law-Search And Seizure-Retrospective Application Of Mapp V. Ohio, Timothy D. Wittlinger
Constitutional Law-Search And Seizure-Retrospective Application Of Mapp V. Ohio, Timothy D. Wittlinger
Michigan Law Review
On February 15, 1960, the Louisiana Supreme Court affirmed petitioner's conviction for simple burglary. The conviction was obtained through the use of evidence unlawfully seized from petitioner in violation of the fourth amendment of the United States Constitution. In December 1961 the District Court for the Parish of West Feliciana denied petitioner's writ of habeas corpus filed after the Supreme Court decision of Mapp v. Ohio, which forbade introduction at state trials of evidence seized by state officers in violation of the fourth amendment. The denial of the writ was affirmed by the Louisiana Supreme Court, and certiorari was …
Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus
Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus
Michigan Law Review
A special agent of the Internal Revenue Service sought enumerated books and records of four New York limited partnerships in connection with petitioner's tax liability for prior years. A subpoena duces tecum was issued directing petitioner to produce the records, which were in his possession as general partner. Petitioner, his son, and his son-in-law were the general partners of each limited partnership involved, with limited partners ranging from twenty-five to 119 in number and capitalization from 225,000 dollars to 2,740,000 dollars. The partnerships, together with a management company, were housed in a single office with a staff of one secretary. …