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Articles 61 - 67 of 67
Full-Text Articles in Law
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Michigan Law Review
Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …
Procedure-Availability Of Writ Of Habeas Corpus To Attack Validity Of Order Made By Court Without Jurisdiction
Washington and Lee Law Review
No abstract provided.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Michigan Law Review
Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Michigan Law Review
Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. …
Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder
Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder
Michigan Law Review
Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Michigan Law Review
Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …
Crimes - Right To Bail Of Prisoner Held For Extradition
Crimes - Right To Bail Of Prisoner Held For Extradition
Michigan Law Review
The prisoner, who was wanted on an indictment in Iowa, had been apprehended in Minnesota under a rendition warrant issued by the governor of that state upon the requisition of the governor of Iowa. Habeas corpus proceedings were brought in the lower court to test the validity of the warrant, but the prisoner was remanded to the custody of the sheriff. He appealed this decision, and made application to fix bail pending the appeal. Held, it is doubtful if the court has the power to admit to bail after the governor's warrant has been issued, and even if the …