Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Fifth Amendment (2)
- Search and seizure (2)
- Searches and seizures (2)
- 5th amendment (1)
- Admissibility (1)
-
- African American (1)
- Communism (1)
- Confession (1)
- Contempt (1)
- Costello v. United States (1)
- Cranor v. Gonzales (1)
- Due process (1)
- Grand Jury (1)
- Habeas corpus (1)
- Harmless Error (1)
- Illegally-obtained evidence (1)
- Immunity Act of 1954 (1)
- Indictment (1)
- Interviews (1)
- Irvin v. State (1)
- Irvine v. California (1)
- Jury instruction (1)
- Marihuana (1)
- Marijuana (1)
- Marion County (1)
- Misconduct of Prosecuting Attorney (1)
- People v. Cahan (1)
- People v. Mussenden (1)
- Rape (1)
- Rea v. United States (1)
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Evidence
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Michigan Law Review
Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …
Criminal Law—Wiretapping, Robert Rosinski
Criminal Law—Wiretapping, Robert Rosinski
Buffalo Law Review
People v. Abelson, 309 N. Y. 643, 132 N. E. 2d 884 (1956).
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Michigan Law Review
The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Michigan Law Review
The Florida Supreme Court sustained the conviction of Irvin, a Negro, on a charge of rape, but the Supreme Court of the United States reversed and remanded the case. Defendant was granted a change of venue to Marion County, where he requested a second change of venue, claiming that the notoriety of his case had made him personally odious to the residents of Marion County. He attempted to introduce the results of a public opinion poll made by the Elmo Roper Research and Public Opinion Organization to support his claim. The field supervisor and the tabulator were called to testify …
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Michigan Law Review
Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.
People V. Blodgett [Dissent], Jesse W. Carter
People V. Blodgett [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.
Criminal Procedure--Self-Incrimination--Scientific Tests Of Body Substances As Evidence, Luther House
Criminal Procedure--Self-Incrimination--Scientific Tests Of Body Substances As Evidence, Luther House
Kentucky Law Journal
No abstract provided.
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Michigan Law Review
Defendants were prosecuted and convicted of conspiring to engage in horserace bookmaking and related offenses. The police had secured evidence of defendants' activities by concealing a listening device in premises occupied by them and also by unauthorized and forcible searches. The trial court admitted the evidence so obtained, notwithstanding the fact that the police action in securing it was clearly in violation of both federal and state constitutions and statutes. After conviction, the trial court denied defendants' motion for a new trial. On appeal, held, reversed, three justices dissenting. Evidence obtained in violation of the defendants' constitutional rights is …
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Michigan Law Review
Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …