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11-19-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist

Francisco v. Gathright, 419 U.S. 59 (1974)

Petitioner was convicted in a Virginia state of court of possession of heroin with intent to distribute, and was sentenced to eight years in prison. The Supreme Court of Virgina denied review and affirmed the conviction by order, and petitioner then sought federal habeas in the United States District Court for the Eastern District of Virginia.

11-14-1974 Correspondence From Marshall To Rehnquist, Thurgood Marshall

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill:

Please join me in your opinion in this case.

11-05-1974 Correspondence From Powell To Rehnquist, Lewis F. Powell

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill:

Please join me.

11-04-1974 Correspondence From Blackmun To Rehnquist, Harry A. Blackmun

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill:

I am glad to join the per curiam you have prepared for this case.

11-04-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist

Francisco v. Gathright, 419 U.S. 59 (1974)

Petitioner was convicted in a Virginia state court of possession of heroin with intent to distribute, and was sentenced to eight years in prison. The Supreme Court of Virginia denied review and affirmed the conviction by order, and petitioner then sought federal habeas in the United States District Court for the Eastern District of Virginia.

11-04-1974 Correspondence From Douglas To Rehnquist, William O. Douglas

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill:

I agreed once with your opinion in 73-5768, FRANCISCO v. GATHRIGHT. I regret only that you made it a per curiam. I hope you change your mind on that.

11-01-1974 Correspondence From Brennan To Rehnquist, William J. Brennan

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill:

I agree, but think it should be a signed opinion.

11-01-1974 Correspondence From Stewart To Rehnquist, Potter Stewart

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Bill,

I agree with the Per Curiam you have circulated in this case.

10-31-74 Preliminary Memorandum, Richard Blumenthal

Francisco v. Gathright, 419 U.S. 59 (1974)

The opinion seems fine, except that it does not make the point that you considered significant with respect to the effects of counsel's tactics on his client. Whether a footnote (possibly an addition to n.6) would be appropriate, I don't know. It might read: "Petitioner's claims, whatever their merit, might have been vindicated more speedily if he had sought habeas relief in the state courts rather than following the federal route.But the wisdom of that choice, whether made by him or his counsel, is not part of this case." I would recommend against including it, however.

10-31-1974 Correspondence From Rehnquist To Burger, William H. Rehnquist

Francisco v. Gathright, 419 U.S. 59 (1974)

Dear Chief:
Although your assignment of this case to me indicated that you had tentatively determined it should be a signed opinion, the attached draft has at least the virtue of brevity, and makes little new law. I therefore suggest that if the draft becomes an opinion of the Court, it should be a per curiam rather than a signed opinion.

10-18-1974 Notes From Oral Argument, Harry A. Blackmun

Francisco v. Gathright, 419 U.S. 59 (1974)

The opinions of all of the Justices are recorded.

10-15-1974 Notes From Oral Argument, Harry A. Blackmun

Francisco v. Gathright, 419 U.S. 59 (1974)

Harry A. Blackmun's handwritten notes.

State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Manes V. Meyers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Oregon V. Hass, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Gerstein V. Pugh, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Child Neglect Proceedings-A New Focus, Ellen K. Thomas

Indiana Law Journal

No abstract provided.

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …

Notes Toward A History Of American Justice, Lawrence M. Friedman

Buffalo Law Review

Adapted from the Mitchell lecture delivered by the author at the State University of New York at Buffalo School of Law on October 17, 1973

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

Attempts In English Criminal Law, Jennifer Temkin, Graham Zellick

Dalhousie Law Journal

There has been no lack of attention paid to the intractable problems surrounding the law of attempt. Interest in them has been revived in England by the publication of the Law Commission's Working Paper on Inchoate Offences' and by the decision of the House of Lords in R. v. Smith. As these are difficulties common to all common law jurisdictions, Canadian lawyers may be interested to learn of these recent developments. It is proposed to concentrate here on two main issues: first, what conduct constitutes an attempt and secondly, the question of impossibility. Both are discussed in the working paper; …

Contemporary Punishment: Views, Explanations And Justification, Innis Christie

Dalhousie Law Journal

This is an anthology of readings, mostly well-known ones by wellknown contemporary authors, on the aims and justifications of criminal sanctions and limitations on their operation. One of the editors is an assistant professor of philosophy and law at the University of Notre Dame and the other is an associate professor of criminal justice at the University of Illinois. They were encouraged to make the collection by the well-known criminologist, Norval Morris, who contributes a short foreword in which he says that "It will be of use to student, scholar and all practitioners in the criminal justice system who care …

The Discretionary Power To Stay Criminal Proceedings, Connie Sun

Dalhousie Law Journal

The power of the attorney general to stay criminal proceedings is rarely discussed in most areas of Canada. However, in British Columbia, and particularly in the city of Vancouver, periodically letters appear in the local press referring to "subversion of the judicial process"' and irate judges attack prosecutorial procedures as "strange - sometimes sinister - manoeuvres". 2 In all cases the weapon used to effect the alleged injustice is identified as a "stay of proceedings". Such seemingly defamatory statements might prompt the uninformed to inquire into the use and alleged abuse of "stays". This paper, the result of such an …

Who Is A Victim, Graham Hughes

Dalhousie Law Journal

It is fashionable these days to talk of "victimless crimes", but the phrase can be dangerous for it may lead us with deceptive simplicity around problems which deserve to be squarely faced. If everyone agreed that an offense was truly without any discernible victim, then arguments for its retention would be hard to imagine. But the disagreement is really about whether in particular cases we can convincingly identify victims who may legitimately claim protection. The primitive model of the victim is the individual human being who is knocked on the head or whose goods are stolen. Other candidates for the …

09-25-1974 Conference Note, Harry A. Blackmun

Francisco v. Gathright, 419 U.S. 59 (1974)

Harry A. Blackmun records answers to questions.

09-25-1974 Preliminary Memorandum, Harry A. Blackmun

Francisco v. Gathright, 419 U.S. 59 (1974)

This first case of the 1974 Tern is concerned primarily with procedure. It does involve a substantial procedural question. One problem I have with it is whether the attorney has been so interested in establishing a procedural principle that he has permitted his client to rot in jail for 16 months. He just might have been able to get a new trial in the state court had he been willing to proceed on the state side without worry or concern about the procedural principle. That, at least, is something that perhaps may be developed by questions at the oral argument.

A Negligence Standard For Material Misstatements And Omissions In Tender Offers Under § 14(E) Of The Securities Exchange Act Of 1934

Washington and Lee Law Review

No abstract provided.