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Articles 11371 - 11400 of 12076

Full-Text Articles in Law

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.


The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman May 1963

The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman

University of Miami Law Review

No abstract provided.


Criminal Procedure--Trial Of Co-Defendants--Right Of Silence Violated, Robert Edward Haden Apr 1963

Criminal Procedure--Trial Of Co-Defendants--Right Of Silence Violated, Robert Edward Haden

West Virginia Law Review

No abstract provided.


Search And Seizure Incidental To A Lawful Arrest, Gregory U. Evans Apr 1963

Search And Seizure Incidental To A Lawful Arrest, Gregory U. Evans

William & Mary Law Review

No abstract provided.


Confining Material Witnesses In Criminal Cases Mar 1963

Confining Material Witnesses In Criminal Cases

Washington and Lee Law Review

No abstract provided.


Pre-Trial Discovery By The Prosecution In A Criminal Case Mar 1963

Pre-Trial Discovery By The Prosecution In A Criminal Case

Washington and Lee Law Review

No abstract provided.


Prosecutor's Reference To Parole In Argument To Jury Mar 1963

Prosecutor's Reference To Parole In Argument To Jury

Washington and Lee Law Review

No abstract provided.


Admitting Lie-Detector Results By Stipulation Mar 1963

Admitting Lie-Detector Results By Stipulation

Washington and Lee Law Review

No abstract provided.


Protection Of Criminal Defendant From Prejudicial Publicity Mar 1963

Protection Of Criminal Defendant From Prejudicial Publicity

Washington and Lee Law Review

No abstract provided.


Disposition Of Physical Exhibits Used In Criminal Trials Mar 1963

Disposition Of Physical Exhibits Used In Criminal Trials

Washington and Lee Law Review

No abstract provided.


Collateral Estoppel In Successive'criminal And Civil Actions Mar 1963

Collateral Estoppel In Successive'criminal And Civil Actions

Washington and Lee Law Review

No abstract provided.


Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr. Mar 1963

Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr.

Michigan Law Review

In a trial for rape, the defendant indicated an intention to rely on his alleged impotency as a defense. The trial court thereupon granted the prosecution's motion for discovery of all medical reports and X-rays relating to the defendant's present physical condition, the names and addresses of all physicians who had treated the defendant prior to trial, and the names and addresses of all physicians who had been subpoenaed to testify for the defendant. On petition by the defendant, the intermediate appellate court issued a writ of prohibition restraining the enforcement of the trial court's order. On review, held, …


Judicial Reaction To Evidence Obtained By Harsh And Unusual Means, Gene Haislip Jan 1963

Judicial Reaction To Evidence Obtained By Harsh And Unusual Means, Gene Haislip

William & Mary Law Review

No abstract provided.


Comments On Recent Cases, Charles W. Ehrhardt Jan 1963

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Habeas Corpus - Federal Courts Have Power To Issue The Writ Provided Petitioner Has Exhausted Remedies Available In State Court At Time Of Application, Thomas M. Twardowski Jan 1963

Habeas Corpus - Federal Courts Have Power To Issue The Writ Provided Petitioner Has Exhausted Remedies Available In State Court At Time Of Application, Thomas M. Twardowski

Villanova Law Review (1956 - )

No abstract provided.


Procedural Due Process And State University Students, William W. Van Alstyne Jan 1963

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.


Criminal Procedure - Dismissal - Eavesdropping By Sheriff On Consultations Between Criminal Defendant And His Attorney Requires Dismissal Of Charges Against Defendant, James L. Griffith Jan 1963

Criminal Procedure - Dismissal - Eavesdropping By Sheriff On Consultations Between Criminal Defendant And His Attorney Requires Dismissal Of Charges Against Defendant, James L. Griffith

Villanova Law Review (1956 - )

No abstract provided.


M'Naghten V. Durham, Lee E. Skeel Jan 1963

M'Naghten V. Durham, Lee E. Skeel

Cleveland State Law Review

The mental competence of a defendant charged with crime is assumed in most jurisdictions, and the defense of insanity,whereby the defendant's act is claimed not to have been knowingly and purposefully done because of lack of mental capacity,as indicated is an affirmative defense. (In some jurisdictions,where insanity is suggested, the burden of proving mental competence is placed on the State). The issue, no matter on whom the burden of proof is placed, is what state of mental incapacity must be found by the trier of the facts in order to relieve the defendant from the imposition of the penalties under …


Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone Jan 1963

Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone

Law Faculty Research Publications

No abstract provided.


Recent Cases Jan 1963

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.


The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii Jan 1963

The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii

Maryland Law Review

No abstract provided.


Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …


Sentencing The Recidivist--An Ethical Dilemma, Theodore Sager Meth Jan 1963

Sentencing The Recidivist--An Ethical Dilemma, Theodore Sager Meth

Kentucky Law Journal

No abstract provided.


The United States Commissioner--A Little Known Component Of The Federal Judicial System, Paul Frederick Helfer Jan 1963

The United States Commissioner--A Little Known Component Of The Federal Judicial System, Paul Frederick Helfer

Kentucky Law Journal

No abstract provided.


Criminal Procedure--Evidence--Wiretapping--Admissibility In State Courts, George W. Mills Jan 1963

Criminal Procedure--Evidence--Wiretapping--Admissibility In State Courts, George W. Mills

Kentucky Law Journal

No abstract provided.


Criminal Procedure--Search Prior To Arrest, Joe Harrison Jan 1963

Criminal Procedure--Search Prior To Arrest, Joe Harrison

Kentucky Law Journal

No abstract provided.


Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh Dec 1962

Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh

West Virginia Law Review

No abstract provided.


The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …


Criminal Law And Procedure—Coram Nobis Allowed Upon Allegation That Acceptance Of Guilty Plea Violative Of Due Process, Walter J. Licata Oct 1962

Criminal Law And Procedure—Coram Nobis Allowed Upon Allegation That Acceptance Of Guilty Plea Violative Of Due Process, Walter J. Licata

Buffalo Law Review

People v. Codarre, 10 N.Y.2d 361, 179 N.E.2d 475, 223 N.Y'S.2d 457 (1961).


Criminal Law And Procedure—Confession During Period Of Illegal Detention Admissible If Voluntary, Walter J. Licata Oct 1962

Criminal Law And Procedure—Confession During Period Of Illegal Detention Admissible If Voluntary, Walter J. Licata

Buffalo Law Review

People v. Lane, 10 N.Y.2d 347, 179 N.E.2d 339, 223 N.Y.S.2d 197 (1961); People v. Everett, 10 N.Y.2d 500, 180 N.E.2d 556, 225 N.Y.S.2d 193 (1962); People v. Meyer, 11 N.Y.2d 162, 182 N.E.2d 103, 227 N.Y.S.2d 427 (1962).