Law Commons^™

64/12/03 State Of Ohio V. Richard D. Chilton, Indictment (Chronology Of Events), Richard D. Chilton

Cuyahoga County Court of Common Pleas

No abstract provided.

64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

October 28, 1964 Motion by defendant appellant for stay of execution pending appeal granted. Motion for bail overruled.

64/10/19? Affidavit Of John W. Terry, John W. Terry

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

Affidavit stating John W. Terry doesn't have the money to defray a legal appeal on his behalf.

64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer

Newspaper Coverage

Reports that Cuyahoga County Common Pleas Court Judge Bernard Friedman is expected to rule today on whether two men charged with carrying concealed weapons were searched legally. Richard Chilton and John Terry's attorney, Louis Stokes, asked that the case be dismissed because the police search of the men violated their constitutional rights.

64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press

Newspaper Coverage

Cuyahoga County Common Pleas Judge Bernard Friedman overruled the challenge, led by defense attorney Louis Stokes, to Detective Martin McFadden's search of John W. Terry and Richard Chilton. Judge Friedman suggested his decision be appealed, saying that there is no law in Ohio covering this situation and three states have laws on this subject. I strongly suggest you take this ruling to the Appellate Court to make the law clear to citizens and policemen."

64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman

Cuyahoga County Court of Common Pleas

In the Cuyahoga County Court of Common Pleas, Judge Bernard Friedman drew a distinction between "stop and frisk" and "search and seizure." This distinction was also recognized the U.S. Supreme Court in Terry v. Ohio.

Judge Friedman wrote in his opinion:

"A search is primarily for the purpose of trying to obtain evidence in connection with the commission of a crime, that the police officer may reasonably believe that a crime has been committed or might be committed.

A frisking is strictly for the protection of the officer's person and his life. There was reasonable cause in this case …

64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part three of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part two of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 4, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part four of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Illegal Search Is Charged At Concealed Weapons Trial, Cleveland Press

Newspaper Coverage

Reports that Defense Attorney Louis Stokes asked Common Pleas Court Judge Bernard Friedman to dismiss the concealed carry charges against John Terry and Richard Chilton on the grounds that Cleveland PD Detective Martin McFadden's search of the two men was illegal and violated their constitutional rights under the Fourth Amendment.

64/05/12 Capias On Indictment For Carrying Concealed Weapons, John T. Corrigan

Cuyahoga County Court of Common Pleas

No abstract provided.

Book Review, Robert J. Bogus

Cleveland State Law Review

Reviewing Harvey Sarner, Dental Jurisprudence, W.B. Saunders Co., 1963

Negligent Misrepresentation: Fraud Or Negligence, June W. Wiener

Cleveland State Law Review

Although there was no remedy for negligent misrepresentation at common law, and English law apparently still provides none, the American courts have all, in one way or another, accepted the thesis that "conscience, fair dealing and the usages of business require" some type of liability. But the nature and limits of that liability have never been clearly defined by the majority of American jurisdictions.

Group Defamation In West Germany, Manfred Zuleeg

Cleveland State Law Review

In each human society, there are social prejudices against certain groups which suffer a more or less discriminating treatment by the other parts of the population. Sometimes the discrimination becomes aggressive. Group defamation and actions of persecution are the consequences. German scholars agree with American sociologists that social prejudices and discriminations are not connected as cause and effect, but as interdependent factors. The origins of a social prejudice are traced by sociologists to an aggressive attitude because of personal or group conflicts or shortcomings. It is difficult, however, for sociologists to explain why the prejudice is directed against just this …

Group Defamation In England, David R. Fryer

Cleveland State Law Review

This article will attempt to sketch briefly the extent of the remedies in tort and the restraints in criminal law which can be invoked in English law when defamatory matter is written or spoken of a group of persons associated either voluntarily or involuntarily on the basis of race, religion, vocation, political views or in any other way.

Statute Of Frauds And Land Transactions, Brendan F. Brown

Cleveland State Law Review

The English Parliament enacted the Statute of Frauds in 1676 "for the prevention of many fraudulent practices which are commonly endeavoured to be upheld by perjury and subornation of perjury." It became effective the following year. These practices had become common as a result of the confusion, turmoil, and lawlessness which had accompanied and followed the English Civil War and the Restoration. They were peculiarly common in those categories of transactions which were included within the formalism prescribed by the Statute. Those categories related to land transactions, and to certain types of agreements involving personal property.

Group Fraud: Fault Or Duty, William J. Moore

Cleveland State Law Review

Recently, the legal bastion of "fairness" and "fault" in fraud and decit cases has been assaulted by courts, administrative agencies, and legal scholars. The walls are still standing, but here and there cracks have begun to appear and the words status and duty are no longer obscene in the field of seller's liability for false and misleading representations. A thorough study would require an analysis of all the environmental factors in a group-institutionalized society and also the interests the courts are protecting. Thispaper will touch on judicial protection of the consumer's interest in physical integrity, and the protection of consumer …

The Senile Testator: Medicolegal Aspects Of Competency, Robert Gene Smith, Laurence M. Hager

Cleveland State Law Review

The law has failed to recognize recent advances in geriatric psychiatry. Moreover, where medical language has been used, the terminology is either outdated or misapplied. What follows is an attempt to describe the nature and policy of the legal standard for testamentary competency, to set forth the current medical approach to senility and mental disease, and to suggest practical ways for the lawyer to use geriatric psychiatry in behalf of the senile testator.

Outpatient Injuries Of The Hand, Frank W. Masters, David W. Robinson

Cleveland State Law Review

All hand injuries, regardless of superficiality, may result in crippling loss of function if treatment is inadequate or mishandled. The essential elements of diagnosis, examination, approach to therapy and after-care are constant. The major difference between an injury requiring hospitalization and one amenable to outpatient management is the extent of the trauma. This article reviews the major outpatient injuries with respect to method of management, choice of definitive procedure, and preservation of function.

The Problem Of Group Defamation, Tom C. Clark

Cleveland State Law Review

It is my hope that the work of this symposium will contribute much to an understanding of the problems of group libel. But we cannot expect the judicial process to control such utterances. Heads get too hot and evil is too rampant. The final control must await the elimination of the three I's of this evil: Intolerance, Ignorance and Ignobility. They can be destroyed. They are not the inevitable results of increased social intercourse. They are not inherited- they are acquired. They cannot be legislated or decreed into the hearts and minds of men. It is for us- in the …

Hunting Accident Liability, Vincent A. Feudo

Cleveland State Law Review

Increased interest in hunting for pleasure has led to an increased number of mishaps. Recent statistics show one injury for every 7,800 hunters, with one in every five or six fatal. From early to more recent cases it has generally been held that where one is not negligent in the handling of his weapon he is not liable. But "ordinary care" while hunting means a high degree of care, due to the inherent nature of the sport.

New Questions On Legal Education, R. B. Amandes, Edgar Bodenheimer, Sheldon D. Elliott, Ray Forrester

Cleveland State Law Review

Periodically, Cleveland-Marshall Law Review asks prominent legal educators for their views on current problems in legal education. Here are the responses to our most recent survey. The comments are not intended to be comprehensive or definitive, but they reflect significant attitudes of outstanding scholars on important educational issues.

Defenses To Group Defamation Actions, Richard J. Quigg

Cleveland State Law Review

The basic defenses applicable to ordinary individual defamation, of truth, privilege (including fair comment), and consent, also apply to group defamation. Most past group defamation cases have held that language including all members of a given group,or positively identifying the plaintiff, must be used. Tort actions have been upheld when small groups are defamed; tort claims are generally disallowed in the defamation of large groups unless the public readily recognizes the defamation as being directed at one individual. A number of "group-hate" statutes have been enacted by various states, making it a criminal offense to defame a class of citizens. …

Diseases Of Obscure Etiology: Legal Aspects, Paul D. Rheingold

Cleveland State Law Review

The purpose of this note is to gather and analyze legal cases which have involved diseases characterized by the courts or medical witnesses as being of obscure etiology or in which the role of trauma is uncertain. Basic to this discussion is an understanding of the concepts of causation, precipitation and aggravation as they are used both legally and medically.

Abuse Of Process, Tobi Goldoftas

Cleveland State Law Review

Abuse of process is not the act of starting an unjustified action. Rather it is the misuse or misapplication of process for an end other than that which it was designed to accomplish. In an action for abuse of process, the defendant need not prove that the proceeding terminated in his favor, nor that it was obtained without probable cause or in the course of a proceeding begun without probable cause.

Tax Exempt Organizations, Edward A. Lebit

Cleveland State Law Review

Although tax exempt organizations are creatures of the state ,it is under the federal law that they seek exemption from tax. Many unqualified organizations have sought and received this exemption. Many abuses and schemes have arisen, in which even qualified organizations have been made parties. The big question is whether the exemption laws are not clear enough or whether they have been lackadaisically enforced. It is this writer's opinion that the law is adequate, and that strict enforcement of the law is all that is necessary to clear up the tax abuses by non-profit organizations which have taken place since …

Bad Checks For The Price Of Goods, William E. Mccurdy

Cleveland State Law Review

A seller receives a check from the buyer for the price of goods. When presented to the bank on which it was drawn, payment is refused. The buyer may, or may not, have had sufficient funds on deposit at the time the check was drawn, but insufficient when refused now although becoming sufficient immediately after the check was presented. Or the buyer may have known or have had reason to know that there would be insufficient funds to meet the check. Or the buyer never had an account at the bank. Or the one obtaining the goods may give a …

Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather

Cleveland State Law Review

Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the "benefit-of-the-bargain" rule (also known as the "warranty rule"), and the minority view is known as the "tort rule" (or more commonly, the "out-of-pocket" rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is …

Hyperbaric Oxygen Chambers: Medicolegal Aspects, Carl E. Wasmuth, John Homi

Cleveland State Law Review

The installation and utilization of the hyperbaric facility for the administration of oxygen to patients under increased atmospheric pressures presents several legal problems.