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12-27-1972 Correspondence From Rehnquist To Stewart, William H. Rehnquist

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Potter:

Please join me in your memorandum.

12-22-1972 Justice Stewart, Memorandum, Potter Stewart

Gomez v. Perez, 409 U.S. 535 (1973)

This case came here as an appeal, on the representation that Texas courts had sustained the constitutionality of 4.02. c. 4. of the Texas Family Code and Articles 602 and 602a of the Texas Penal Code, over a challenge to those statutes under the Equal Protection Clause of the Fourteenth Amendment. We noted probable jurisdiction, 408 U.S. 920, to consider whether the alleged discrimination between legitimate and illegitimate children in terms of the support obligations of their biological fathers denied equal protection to illegitimate children under the principles of Weber v. Actna Cas. & Surety Co., 406 U.S. 164. …

12-21-1972 Correspondence From Burger To White, Warren E. Burger

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

There are four firm dissents to DIG in the above and I am reluctant to DIG a writ in that posture.

If you are willing to cast your dissent into a Per Curiam, you might pick up a few "new members'' since on the merits there will be support for that result.

12-18-1972 Justice White, Dissenting, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

MR. JUSTICE WHITE, with whom MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, and MR. JUSTICE MARSHALL join, dissenting.

12-15-1972 Correspondence From Douglas To White, William O. Douglas

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me in your dissent in 71-575, Gomez v. Perez.

12-15-1972 Correspondence From Brennan To White, William J. Brennan

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Byron:

Please join me in your dissent in the above.

12-15-1972 Preliminary Memorandum, Ralph I. Miller

Gomez v. Perez, 409 U.S. 535 (1973)

Summary:

Justice White takes the approach that, once the state undertakes to enforce a support obligation, it cannot violate EP. [He seems to obfuscate the statutory and common law obligations and treat the Texas law as a mass.]

12-14-1972 Correspondence From White To Burger, Byron R. White

Gomez v. Perez, 409 U.S. 535 (1973)

Dear Chief :

I shall have a few words to say in dissent.

12-07-1972 Preliminary Memorandum, Ralph I. Miller

Gomez v. Perez, 409 U.S. 535 (1973)

Linda R.S. v. Richard D. and Texas: The issue here, as I understand it, is the effect of joining Texas as a party defendant.

12-06-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes from the oral argument of Gomez v. Perez.

12-06-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes during the oral argument of Gomez v. Perez.

12-01-1972 Notes From Oral Argument, Harry A. Blackmun

Gomez v. Perez, 409 U.S. 535 (1973)

Harry A. Blackmun's handwritten notes from the oral argument of Gomez v. Perez.

Achieving Prompt Criminal Trials In New York, W. David Curtiss

Cornell Law Faculty Publications

During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.

Conspiracy And The First Amendment, David B. Filvaroff

Journal Articles

No abstract provided.

Double Jeopardy In Juvenile Proceedings, David S. Rudstein

William & Mary Law Review

No abstract provided.

The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review

Michigan Law Review

The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …

Symposium—The Revised Washington Criminal Code, Perry B. Woodall

Washington Law Review

No abstract provided.

The Death Penalty Cases: A Preliminary Comment, John M. Junker

Washington Law Review

The next to last step down the long road to total abolition of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice. When the proposed Revised Washington Criminal Code was published in 1970, this schizophrenic phase was already well under way, dating from at least 1967, the year of the last execution in this country. The political message suggested by this state of affairs is that while the death penalty ought to be retained in the crime-prevention arsenal, it should be used only rarely. In attempting to legitimize …

The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah

Washington Law Review

Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …

The Draftman's View Of The Revised Code, Richard H. Holmquist

Washington Law Review

In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.

A Hornbook To The Code, Anon

Washington Law Review

This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.

The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway

Washington Law Review

I have chosen to discuss three areas of the Proposed Code: the proof requirement (with primary emphasis upon the affirmative defenses), justification, and felony murder. These sections are vital underpinnings of the Proposed Code. The Code makes substantial changes in each of these provisions, all of which deserve and demand critical review.

A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg

Washington Law Review

Basically, I am dissatisfied with the Proposed Code for three reasons: (1) the Code is incomplete; (2) the Code has in many cases imposed an unrealistic burden of proof on the state which will be impractical or impossible to sustain; and (3) the Code has too narrowly defined and too leniently graded many offenses.

Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris

Washington Law Review

The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism. It will focus on several areas of …

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Orito, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.