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New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr. Jan 1974

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. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

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 Jan 1972

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 Apr 1971

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 Jan 1969

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 Sep 1968

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 Jan 1968

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 Apr 1967

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 Jan 1967

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 Jan 1966

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 Jan 1965

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 Jan 1965

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 Dec 1964

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 Jan 1964

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 Jan 1962

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 Sep 1961

Procedural Methods For Raising Insanity In Criminal Actions In Virginia

Washington and Lee Law Review

No abstract provided.


Capital Punishment Reconsidered, William O. Reichert Jan 1959

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. Jun 1958

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 Jan 1957

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 Oct 1956

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 Apr 1952

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] Mar 1951

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) Mar 1951

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 Feb 1951

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 May 1949

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 May 1948

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 Feb 1946

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. Jun 1944

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 Dec 1942

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, …