Law Commons^™

67/05/17 Brief In Opposition To Petition For A Writ Of Certiorari, Reuben M. Payne, John T. Corrigan

United States Supreme Court

No abstract provided.

67/03/17 Petition For A Writ Of Certiorari To The Supreme Court Of Ohio, Louis Stokes

United States Supreme Court

Argues that the introduction of evidence (their guns) against Terry and Chilton violated the Fourth and Fourteenth Amendments and that "bare suspicion alone" does not meet the requirements for "probable cause" set forth in the Forth and Fourteenth Amendments.

67/01/11 Docket And Journal Entries, Court Of Appeals, Emil J. Masgay

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

Docket and journal entries for Ohio v. Terry and Ohio v. Chilton, prepared by Emil J. Masgay, Clerk of Courts at the Eighth Judicial District Court of Appeals.

67/01/09 Precipe, Louis Stokes

United States Supreme Court

Precipe asking the Court of Common Pleas, Cuyahoga County to prepare and file with the United States Supreme Court a certified transcript of the docket, and journal entries together with the original papers and including the Court's opinion in State of Ohio v. Richard D. Chilton.

66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio

Ohio Supreme Court

Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.

66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne

Ohio Supreme Court

"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.

66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes

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

Louis Stokes gives notice of appeal to the Ohio Supreme Court from judgment rendered by 8th District Court of Appeals on May 25, 1966. Appeal is on questions of law and on condition that motion for leave to appeal be allowed by Supreme Court of Ohio; constitutional question is also involved.

66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert

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

The Court of Appeals, Eight District, Cuyahoga County finds no error prejudicial to the appellant, thus affirming the Common Pleas Court judgement. Signed by Chief Justice Joseph H. Silbert, with Justices Joseph A. Artl and James Joseph Patrick Corrigan concurring.

66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert

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

Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.

65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld

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

Argues that the Cuyahoga County Common Pleas Court erred in allowing into evidence the guns found by Detective Martin McFadden because these guns were obtained in violation of the Fourth Amendment. Argues that a "frisk" is a "search" within the protection of the Fourth and Fourteenth Amendments.

65/03/11 Brief Of Defendant-Appellant, Louis Stokes

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

"ASSIGNMENTS OF ERROR

1. The Court erred in not sustaining defendant's Motion to Suppress upon making its finding that the arrest herein was illegal. (R. 96, 100)

2. The Court erred in refusing to apply constitutional guarantees prohibiting illegal searches and seizures and substituting therefor a doctrine of stop and frisk."

65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne

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

"By stipulation and agreement by and between Reuben Payne, Assistant County Prosecutor, on behalf of the State of Ohio, and Louis Stokes, on behalf of the defendants, Motion to Suppress the Evidence filed by the said Louis Stokes on behalf of the defendants, John W. Terry and Richard D. Chilton, were consolidated for the purpose of hearing on the Motions to Suppress.

The defendants had each been indicted for the offense of Carrying Concealed Weapons under separate indictments. The defendant John W. Terry had been indicted in the Court of Common Pleas, Criminal Branch, under case number 79491. The defendant …

Cancellation Of Salary Indebtedness: Stock Distribution As Realization Of Income To Shareholder-Employee, William Tabac

Law Faculty Articles and Essays

This article discusses C.I.R. v. Fender Sales, Inc., 338 F. 2d 924 (9th Cir. 1964). The author concludes that by taxing at ordinary rates the benefit realized by respondents when they invested the income in the corporation which they owned in exchange for its stock, the court eliminated the possibility--suggested by the dissent--of any undeserved capital gains treatment. The case serves to reinforce the fait accompli in the tax law between the treatment of ordinary income and capital transactions.

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.

64/09/22 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.

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

Cuyahoga County Court of Common Pleas

No abstract provided.

63/12/18 Indictment For Carrying Concealed Weapons (For John W. Terry & Richard D. Chilton), John T. Corrigan

Cuyahoga County Court of Common Pleas

John W. Terry and Richard D. Chilton's indictment for carrying concealed weapons, filed 12/18/1963.

63/11/02 Mcfadden's Affidavit Re: Terry's Concealed Weapon, Martin J. Mcfadden

Cuyahoga County Court of Common Pleas

Affidavit in which Cleveland Police Detective Martin J. McFadden attests to finding a concealed weapon on John W. Terry on October 31, 1963.

63/10/31 Police Report For Arrest Of John W. Terry, Richard D. Chilton And Carl Katz, Martin J. Mcfadden

Cuyahoga County Court of Common Pleas

Describes the October 31, 1963 arrest of John W. Terry, Richard D. Chilton and Carl Katz by Cleveland Police Detective Martin McFadden. This arrest led to the 1968 Supreme Court case, Terry v. Ohio, in which the Court set a precedent that allows police officers to stop, interrogate and frisk suspects without probable cause for an arrest, providing that the officer can articulate a reasonable basis for the stop and frisk.

Letter To The Editor, Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever responds to a letter favoring segregation in the Newark Evening News.