Law Commons^™

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon

Washington Law Review

In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell

Michigan Law Review

Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

Police Interrogation: A Psychoanalytic View, Philipp Brockington

Law Faculty Publications

No abstract provided.

Criminal Procedure—Inclusion Of Briefcase In "Frisk" Does Not Create A Constitutionally Protected Search, David Brown

Buffalo Law Review

People v. Pugach, 15 N.Y.2d 65, 204 N.E.2d 176, 255 N.Y.S.2d 833 (1964).

The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens

Washington Law Review

Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …

The Juvenile Offender And Self-Incrimination, Rodger W. Pegues

Washington Law Review

A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …

The Right To Counsel And The Indigent Accused In Courts Of Criminal Jurisdiction In New York State, Paul Ivan Birzon, Robert Kasanof, Joseph Forma

Buffalo Law Review

No abstract provided.

Criminal Procedure—Court Of Appeals Adopts New Procedure For Determining Voluntariness Of Confessions, Robert W. Keller

Buffalo Law Review

People v. Huntley, 15 N.Y.2d 72, 204 N.E.2d 179, 255 N.Y.S.2d 838(1965).

Compulsory Husband-Wife Testimony In Criminal Cases

Washington and Lee Law Review

No abstract provided.

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

The Motion To Strike Out The Evidence In Virginia, J. Brendel

William & Mary Law Review

No abstract provided.

Criminal Procedure - Indictments - Due Process - Former Acquittal, F. Regan Nerone

Duquesne Law Review

A defendant, once acquitted of murder, may be retried under a manslaughter indictment and convicted of manslaughter, although the evidence presented proved the crime of murder but not that of manslaughter.

Commonwealth v. Frazier, 420 Pa. 209, 216 A.2d 337 (1966).

Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger

San Diego Law Review

The Writ of Habeas Corpus is a limit on arbitrary government. The proliferation of this writ has created a problem in the federal courts. The proliferation problem is due to the application of the Bill of Rights to the states through the Fourteenth Amendment, the changes in procedural rules involving hearing habeas petitions, and the fact that the doctrine of res judicata does not apply to habeas proceedings. Two U.S. Supreme Court cases dealt the final blow to this proliferation problem by requiring evidentiary hearings when a substantive constitutional question or § 2255 was presented. This Article proposes possible solutions …

Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii

Scholarly Articles

This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the …

Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

The Plea Of Nolo Contendere, Thomas C. Hayden Jr.

Maryland Law Review

No abstract provided.

The Right To Counsel During Police Interrogation - Escobedo V. Illinois

Maryland Law Review

No abstract provided.

Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana

Maryland Law Review

No abstract provided.

Why Imprisonment Must Go, Giles Playfair

Kentucky Law Journal

No abstract provided.

Post Conviction Remedy--Habeas Corpus--Kentucky Rule Of Criminal Procedure 11.42, Ralph R. Kinney

Kentucky Law Journal

No abstract provided.

Trial By Newspaper: Should It Continue?, William R. Hamlin

Kentucky Law Journal

No abstract provided.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …

Criminal Procedure—Coram Nobis—Not Available Where Counsel Has Failed To File Timely Notice Of Appeal When Requested By Defendant, David Gerald Jay

Buffalo Law Review

People v. Kling, 19 A.D.2d 750, 242 N.Y.S.2d 977 (2d Dep't 1963) (one judge dissenting),3 aff'd mem., 14 N.Y.2d 571, 198 N.E.2d 46, 248 N.Y.S.2d 661 (1964), motion to amend remittitur granted, 14 N.Y.2d 687, 198 N.E.2d 913, 249 N.Y.S.2d 884 (1964), petition for cert. filed, Misc. Calendar, July 1, 1964 (No. 198); People v. Marchese, 19 A.D.2d 728,242 N.Y.S.2d 464 (2d Dep't 1963), aff'd mern., 14 N.Y.2d 695, 198 N.E.2d 916, 249 N.Y.S.2d 888 (1964), petition for cert. filed, Misc. Calendar, August 18, 1964 (No. 388).