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Articles 11401 - 11430 of 12076

Full-Text Articles in Law

Criminal Law And Procedure—Contempt Proceedings Immediately Following Notice Held Sufficient When Conduct In Grand Jury Room Is Obviously Contemptous, Albert Dolata Oct 1962

Criminal Law And Procedure—Contempt Proceedings Immediately Following Notice Held Sufficient When Conduct In Grand Jury Room Is Obviously Contemptous, Albert Dolata

Buffalo Law Review

People ex rel. Cirillo v. Warden of City Prison, 11 N.Y.2d 51, 182 N.E.2d 85, 226 N.Y.S.2d 398 (1962).


Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction, James P. Manak Oct 1962

Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction, James P. Manak

Buffalo Law Review

People ex rel. Harty v. Fay, 10 N.Y.2d 374, 179 N.E.2d 483, 223 N.Y.S.2d 468 (1961).


Criminal Law And Procedure—Evidence Obtained By Means Of Wiretap Admissible In State Criminal Proceeding, William A. Carnahan Oct 1962

Criminal Law And Procedure—Evidence Obtained By Means Of Wiretap Admissible In State Criminal Proceeding, William A. Carnahan

Buffalo Law Review

People v. Dinan, 11 N.Y.2d 350, 183 N.E.2d 689, 229 N.Y.S.2d 406 (1962).


Criminal Law And Procedure—Application Of The Exclusionary Rule To New York Trials Before Mapp V. Ohio, Roger V. Barth Oct 1962

Criminal Law And Procedure—Application Of The Exclusionary Rule To New York Trials Before Mapp V. Ohio, Roger V. Barth

Buffalo Law Review

People v. Loria, 10 N.Y.2d 368, 179 N.E.2d 478, 223 N.Y.S.2d 462 (Nov. 30 1961); People v. Coffey, 11 N.Y.2d 142, 182 N.E.2d 92, 227 N.Y.S.2d 412 (1962); People v. O'Neill, 11 N.Y.2d 148, 182 N.E.2d 95, 227 N.Y.S.2d 416 (1962); People v. Muller, 11 N.Y.2d 154, 182 N.E.2d 99, 227 N.Y.S.2d 421 (1962); People v. Friola, 11 N.Y.2d 157, 182 N.E.2d 100, 227 N.Y.S.2d 423 (1962); People v. Yarmosh, 11 N.Y.2d 397, 184 N.E.2d 165, 230 N.Y.S.2d 185 (1962).


Criminal Law And Procedure—Confessions Obtained By Confrontation With Illegally Seized Evidence Initiation Of Criminal Proceedings Without Benefit Of Or After Counsel Are Inadmissible, Timothy C. Leixner Oct 1962

Criminal Law And Procedure—Confessions Obtained By Confrontation With Illegally Seized Evidence Initiation Of Criminal Proceedings Without Benefit Of Or After Counsel Are Inadmissible, Timothy C. Leixner

Buffalo Law Review

People v. Rodriguez, 11 N.Y.2d 279, 183 N.E.2d 651, 229 N.Y.S.2d 353 (1962); People v. Meyer, 11 N.Y.2d 162, 182 N.E.2d 103, 227 N.Y.S.2d 427 (1962).


Criminal Law And Procedure—Reading Of Inflammatory Articles By Jurors Held Not Enough To Warrant Mistrial, Rosario J. Dilorenzo Oct 1962

Criminal Law And Procedure—Reading Of Inflammatory Articles By Jurors Held Not Enough To Warrant Mistrial, Rosario J. Dilorenzo

Buffalo Law Review

People v. Genovese, 10 N.YS.2d 478, 180 N.E.2d 419, 225 N.Y.S.2d 26 (1962).


Criminal Law And Procedure—Opinion Of Defendant’S Sanity Based On Direct Observation Should Have Been Allowed Although Preceded By Hypothetical Question, Louis H. Siegel Oct 1962

Criminal Law And Procedure—Opinion Of Defendant’S Sanity Based On Direct Observation Should Have Been Allowed Although Preceded By Hypothetical Question, Louis H. Siegel

Buffalo Law Review

People v. Jackson, 10 N.Y.2d 510, 180 N.E.2d 561, 225 N.Y.S.2d 200 (1962).


The Child As A Witness, Charles F. Stafford Sep 1962

The Child As A Witness, Charles F. Stafford

Washington Law Review

Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …


Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii Sep 1962

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.


Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr. Jun 1962

Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.

Michigan Law Review

After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia …


Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George Mar 1962

Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George

Journal of Legal Education

No abstract provided.


Necessity For New Indictment After Release On Habeas Corpus Mar 1962

Necessity For New Indictment After Release On Habeas Corpus

Washington and Lee Law Review

No abstract provided.


Police Detention Of Suspects, John S. Harrington Mar 1962

Police Detention Of Suspects, John S. Harrington

William & Mary Law Review

No abstract provided.


Procedure - Is Accused "Present" At Trial While Testifying Under The Influence Of Tranquilizers, Emeric Fischer Mar 1962

Procedure - Is Accused "Present" At Trial While Testifying Under The Influence Of Tranquilizers, Emeric Fischer

William & Mary Law Review

No abstract provided.


Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston Mar 1962

Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston

Michigan Law Review

A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.


Parole Revocation In Ohio, Robert L. Tuma Jan 1962

Parole Revocation In Ohio, Robert L. Tuma

Cleveland State Law Review

Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?


Commitment After Acquittal On Grounds Of Insanity, M. Albert Figinski Jan 1962

Commitment After Acquittal On Grounds Of Insanity, M. Albert Figinski

Maryland Law Review

No abstract provided.


Criminal Procedure - Discovery - Right Of Prosecution To Discover Evidence Defendant Intends To Use In Support Of Affirmative Defense, James F. Kipp Jan 1962

Criminal Procedure - Discovery - Right Of Prosecution To Discover Evidence Defendant Intends To Use In Support Of Affirmative Defense, James F. Kipp

Villanova Law Review (1956 - )

No abstract provided.


Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson Jan 1962

Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson

Cleveland State Law Review

One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.


Parole Revocation In Ohio, Robert L. Tuma Jan 1962

Parole Revocation In Ohio, Robert L. Tuma

Cleveland State Law Review

Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price Dec 1961

Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price

Michigan Law Review

Petitioner, plaintiff in an action in federal district court, was ordered under Federal Rule 16 to submit pre-trial statements setting out the facts of the case, his damages, his witnesses and exhibits, and his legal theories of recovery. His counsel filed statements which were adjudged insufficient, and a pre-trial order was entered precluding petitioner from offering at trial any testimony by witnesses other than himself and his wife, or any evidence concerning liability in negligence or breach of warranty, and limiting his exhibits and evidence of damages. On petition for mandamus to set aside the preclusion order, held, granted, …


Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton Dec 1961

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton

Michigan Law Review

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …


Instructing A Jury In Washington, Lloyd L. Wiehl Nov 1961

Instructing A Jury In Washington, Lloyd L. Wiehl

Washington Law Review

One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.


New York Troika: Conflicting Roles Of The Grand Jury, J. Douglas Cook Oct 1961

New York Troika: Conflicting Roles Of The Grand Jury, J. Douglas Cook

Buffalo Law Review

No abstract provided.


Criminal Procedure—Defendant's Conviction Reversed In Absence Of Any Statute Authorizing Punishment For Offense Charged, Buffalo Law Review Board Oct 1961

Criminal Procedure—Defendant's Conviction Reversed In Absence Of Any Statute Authorizing Punishment For Offense Charged, Buffalo Law Review Board

Buffalo Law Review

People (ex rel. Goldman) v. Denno, 9 N.Y.2d 138, 211 N.Y.S.2d 403 (1961).


Criminal Procedure—Admissibility Of Confession After Request For Counsel Ignored, Robert E. Nicely Oct 1961

Criminal Procedure—Admissibility Of Confession After Request For Counsel Ignored, Robert E. Nicely

Buffalo Law Review

People v. Waterman, 9 N.Y.2d 561, 216 N.Y.S.2d 70 (1961).


Criminal Procedure—Due Process Requires Counsel In Wayward Minor Proceeding, Edward Heller Oct 1961

Criminal Procedure—Due Process Requires Counsel In Wayward Minor Proceeding, Edward Heller

Buffalo Law Review

People v. Noble, 9 N.Y.2d 571, 216 N.Y.S.2d 79 (1961).


Criminal Procedure—"Presumption Of Concurrence" Of Sentences Strictly Limited, Buffalo Law Review Board Oct 1961

Criminal Procedure—"Presumption Of Concurrence" Of Sentences Strictly Limited, Buffalo Law Review Board

Buffalo Law Review

People (ex rel. Lawson) v. Denno, 9 N.Y.2d 181, 212 N.Y.S.2d 401 (1961).