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Full-Text Articles in Law

Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams Jan 1977

Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams

University of Richmond Law Review

In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …


Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte Jan 1977

Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte

University of Richmond Law Review

State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …


The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby Jan 1977

The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby

University of Richmond Law Review

During its last term, the Supreme Court decided two cases involving the production of documents and papers; one involved the use of a search warrant, the other a subpoena duces tecum. Both cases raised the fifth amendment issues. In both instances, the Supreme Court found no violation of the privilege against self-incrimination.


Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer Jan 1977

Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer

University of Richmond Law Review

Fundamental to our adversary system ofjustice is the right to impeach the testimony of an opposition witness. This right extends to a criminal defendant who chooses to take the stand, for his veracity and credibility are in issue. Admission of prior silence as a means of impeaching the testimony of a witness was favored by a broad rule of evidence at common law. However, the existence of an inconsistency between the silence and later testimony was a necessary condition for the admission of the defendant's prior silence. While the courts have not defined the degree of inconsistency required to allow …