Law Commons^™

Criminal Law—Coram Nobis, Joseph Taddeo

Buffalo Law Review

People v. Langan, 303 N. Y. 474, 104 N. E. 2d 861 (1952).

Criminal Law—Venue, Joseph Taddeo

Buffalo Law Review

Murtagh v. Leibowitz, 303 N. Y. 311, 101 N. E. 2d 753 (1951).

Criminal Law—Trial—Reversible Errors, Joseph Taddeo

Buffalo Law Review

People v. Ford, 304 N. Y. 679, 197 N. E. 2d 595 (1952); People v. Hetenyi, 304 N. Y. 80, 106 N. E. 2d 20 (1952).

Criminal Law—Written Information, Joseph Taddeo

Buffalo Law Review

People v. Jacoby, 304 N. Y. 33, 105 N. E. 2d 613 (1952).

Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed.

Michigan Law Review

Defendant, detained on a vagrancy charge in Texas, voluntarily confessed to a homicide committed in Nebraska. Upon his return to the latter state, the defendant repeated his confession and was subsequently arraigned, having been in custody for twenty-five days. The confessions were introduced at the trial and a conviction of manslaughter followed. Defendant, failing to gain a reversal in the state court, sought review by the United States Supreme Court, charging that a failure to arraign the defendant promptly in breach of local statutes was a want of due process under the Fourteenth Amendment. On certiorari, held, affirmed, Justices …

Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield

Michigan Law Review

Rule 21 (b) of the Federal Rules of Criminal Procedure provides: "The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged."

People V. Evans, Jesse W. Carter

Jesse Carter Opinions

A new trial was ordered following a conviction for lewd conduct with a child. It was not in accord with principles of justice and fair play to show the child defendant's picture and then take her into a room where defendant was the only occupant.

Green V. Gordon [Dissent], Jesse W. Carter

Jesse Carter Opinions

Commutation of sentence was in nature of a favor and could be granted upon conditions. Therefore, it was within governor's power to commute death sentence to life without parole even though no such statutory penalty existed for murder conviction.

People V. Gilliam [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction of first degree murder and sentence of the death penalty were proper because there was no provocation for his conduct, and the circumstances showed an abandoned and malignant heart together with a consciousness of guilt.

People V. Le Beau [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court properly convicted defendant of illegal possession of narcotics because the trial court did not err in permitting the prosecution to impeach its own witness where the prosecution was surprised and prejudiced the prosecution's action.

Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.

Michigan Law Review

It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …

Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap

Washington Law Review

D was acquitted of murder by reason of his insanity. The jury returned the statutory special verdict finding that his "insanity or mental irresponsibility" did not exist at the time of the trial but that there was such likelihood of a relapse or recurrence of the condition that D was not a safe person to be at large. D was committed to the state penitentiary as a criminally insane person. Soon after commitment he sought to be discharged from confinement under the procedure set out in RCW 10.76.070 [RRS § 6970; PPC § 133-11]. The prosecuting attorney petitioned for a …

Defendant As A Witness In A Criminal Proceeding, S. Dan Pack

Mercer Law Review

At common law an interested party in a court proceeding was not a competent witness in his own behalf. The basis for disqualifying parties was a notion that the temptation to falsify was too great for the average witness to resist. Any party, therefore, who had any interest whatsoever in the case could not testify. A riper wisdom and experience, however, brought to light the fact that it was better not to close the mouths of interested parties in court proceedings, and statutes were subsequently passed in practically all the English-speaking jurisdictions that would allow an interested party to be …

Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo

Buffalo Law Review

Rochin v. People of California, 72 S. Ct. 205 (1952).

Destructibility Of Terms For Years: Habeas Corpus And Coram Nobis, David J. Jr. Mahoney, Thomas J. Kelly

Buffalo Law Review

No abstract provided.

People V. Dessauer, Jesse W. Carter

Jesse Carter Opinions

A defendant's murder trial did not violate due process where evidence was in form of transcript testimony taken at preliminary examination, agreed to by defendant's counsel and, showed that the issue of guilt and sanity were separately considered.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CRIMINAL PROCEDURE--FACIAL EXPRESSIONS AND GESTICULATIONS OF TRIAL JUDGE--PREJUDICIAL EFFECT ON JURY

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EMPLOYMENT SECURITY ACT--PERSONS COUNTED TO DETERMINE WHETHER AN EMPLOYING UNIT HAS REQUISITE NUMBER OF EMPLOYEES TO CONSTITUTE AN "EMPLOYER"--STUDENTS WORKING FOR SCHOOL TO PAY TUITION

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FEDERAL JURISDICTION--JURISDICTIONAL AMOUNT--INJUNCTION SUITS

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LEGAL ETHICS--SOLICITATION AND FEE SPLITTING--ATTORNEY CONTRACTING WITH LABOR UNION TO REPRESENT UNION MEMBERS FOR CONTIGENT FEE

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NEGLIGENCE--LANDOWNER'S DUTY OF CARE--DUTY OWED TO FIREMAN

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NEGLIGENCE--STANDARD OF CARE--ASSURED-CLEAR-DISTANCE-AHEAD RULE

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PERSONAL PROPERTY--TENANCY BY THE ENTIRETY--BANK ACCOUNTS

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PLEADING--GENERAL ISSUE--SCOPE IN TENNESSEE

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TORTS--CHARITABLE INSTITUTIONS--TORT LIABILITY OF CHARITABLE INSTITUTIONS UNDER THE DOCTRINE OF RESPONDEAT SUPERIOR

Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor

Washington Law Review

D was convicted of second degree assault. The prosecuting attorney, ostensibly for the purpose of laying a foundation for impeachment, asked D questions concerning D's prior inconsistent statements, using a purported manuscript of a wire recording. D neither confirmed nor denied making the statements, answering, "I don't know" or "I don't deny it or confirm it." The prosecutor failed to follow this up on rebuttal by proving or attempting to prove that the prior statements were actually made. Appellant contended this was error. Held: Conviction reversed. Such conduct was extremely prejudicial and constituted reversible error. State v. Yoakum, 137 Wash. …

Coverstone V. Davies [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because an assembly was unlawful, when police officers arrived upon the scene, they had the authority to arrest all those engaged in the commission of the unlawful act. Thus, warrantless arrests of such individuals were valid.

Insanity As A Defense In Criminal Law, Robert Hall Smith

Kentucky Law Journal

No abstract provided.

Insanity--An Argument For Partial Responsibility, Robert Hall Smith

Kentucky Law Journal

No abstract provided.

Codification Of The Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.