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Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Michigan Law Review
To represent the defendant, accused of robbery, the court at public expense, appointed an attorney, designated the "public defender." After conviction, the defendant, by another attorney, petitioned for a writ of error coram nobis on the ground that his attorney had made only a perfunctory defense because of his incompetence and negligence. The petition having been denied in the circuit court, the defendant appealed to the Indiana Supreme Court. Held, affirmed. When the record shows no incompetence or negligence on the part of the defense counsel prejudicial to the accused, a writ of error coram nobis will not be …
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Michigan Law Review
Plaintiffs in error were convicted and sentenced from one to twenty years with recommendations that they serve four to five years. On writ of error, the judgment in each case was reversed and the cause was remanded for entry of a proper sentence· because the statute under which sentence was imposed was unconstitutional. A new sentence of from one to twenty years was imposed in each case. Plaintiffs in error had served three and one-half years in the one case, and over four years in the other case, under the original sentence. Error is assigned because no credit was allowed …
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Michigan Law Review
Defendant, as payee, knowingly negotiated forged checks at Jackson, Michigan. The checks were forwarded to the drawee bank in Missouri for payment and were returned unpaid. Defendant was convicted for violation of the National Stolen Property Act. The Circuit Court of Appeals for the Sixth Circuit reversed on authority of Kann v. United States. On certiorari to the United States Supreme Court, held, reversed. The circuit court erred in basing its interpretation of the National Stolen Property Act on Kann v. United States. Two justices dissented without opinion. United States v. Sheridan, (U.S. 1946) 67 S. …