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Articles 1501 - 1530 of 1536
Full-Text Articles in Entire DC Network
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
University of Richmond Law Review
The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Kentucky Law Journal
No abstract provided.
Double Jeopardy And Dual Sovereignty: The Impact Of Benton V. Maryland On Successive Prosecution For The Same Offense By State And Federal Governments, Richard D. Boyle
Double Jeopardy And Dual Sovereignty: The Impact Of Benton V. Maryland On Successive Prosecution For The Same Offense By State And Federal Governments, Richard D. Boyle
Indiana Law Journal
No abstract provided.
The Felony-Misdemeanor Distinction In The Maryland Law Of Arrest - Robinson V. State
The Felony-Misdemeanor Distinction In The Maryland Law Of Arrest - Robinson V. State
Maryland Law Review
No abstract provided.
For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan
For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan
Washington and Lee Law Review
No abstract provided.
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter
Villanova Law Review (1956 - )
No abstract provided.
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
West Virginia Law Review
In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
In Defense Of Capital Punishment, R. Rees Kinney
In Defense Of Capital Punishment, R. Rees Kinney
Kentucky Law Journal
No abstract provided.
Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger
Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger
San Diego Law Review
The Writ of Habeas Corpus is a limit on arbitrary government. The proliferation of this writ has created a problem in the federal courts. The proliferation problem is due to the application of the Bill of Rights to the states through the Fourteenth Amendment, the changes in procedural rules involving hearing habeas petitions, and the fact that the doctrine of res judicata does not apply to habeas proceedings. Two U.S. Supreme Court cases dealt the final blow to this proliferation problem by requiring evidentiary hearings when a substantive constitutional question or § 2255 was presented. This Article proposes possible solutions …
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review
The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review
Michigan Law Review
The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …
Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley
San Diego Law Review
In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).
Commitment After Acquittal On Grounds Of Insanity, M. Albert Figinski
Commitment After Acquittal On Grounds Of Insanity, M. Albert Figinski
Maryland Law Review
No abstract provided.
Procedural Methods For Raising Insanity In Criminal Actions In Virginia
Procedural Methods For Raising Insanity In Criminal Actions In Virginia
Washington and Lee Law Review
No abstract provided.
Capital Punishment Reconsidered, William O. Reichert
Capital Punishment Reconsidered, William O. Reichert
Kentucky Law Journal
No abstract provided.
Criminal Law--Right To A Public Trial--Courtroom Barred To Public, G. D. G.
Criminal Law--Right To A Public Trial--Courtroom Barred To Public, G. D. G.
West Virginia Law Review
No abstract provided.
New Trial In Federal Criminal Cases, Lester B. Orfield
New Trial In Federal Criminal Cases, Lester B. Orfield
Villanova Law Review (1956 - )
No abstract provided.
Criminal Law—Coram Nobis—Right To Hearing, Paul Shatkin
Criminal Law—Coram Nobis—Right To Hearing, Paul Shatkin
Buffalo Law Review
People v. Lain, 309 N. Y. 291, 130 N.E. 2d 105 (1955); People v. White, 309 N. Y. 636, 132 N.E. 2d 880 (1956).
Destructibility Of Terms For Years: Habeas Corpus And Coram Nobis, David J. Jr. Mahoney, Thomas J. Kelly
Destructibility Of Terms For Years: Habeas Corpus And Coram Nobis, David J. Jr. Mahoney, Thomas J. Kelly
Buffalo Law Review
No abstract provided.
Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950]
Washington and Lee Law Review
No abstract provided.
Procedure-Disqualification Of Government Employees To Act As Jurors In Criminal Cases [Dennis V. United States, U. S. Sup. Ct. 1950)
Washington and Lee Law Review
No abstract provided.
Military Habeas Corpus: I, Seymour W. Wurfel
Military Habeas Corpus: I, Seymour W. Wurfel
Michigan Law Review
The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …
False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price
False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price
William and Mary Review of Virginia Law
No abstract provided.
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Michigan Law Review
In discussing developments of the criminal law during the war years it is convenient to group them into the three conventional divisions-substantive, procedural, and penal.
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Michigan Law Review
In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …