Law Commons^™

Criminal Law—Voluntariness Of Repudiated Confession, Buffalo Law Review

Buffalo Law Review

People v. Vargas, 7 N.Y.2d 555, 200 N.Y.S.2d 29 (1960).

Criminal Law—Coram Nobis: Where Defendant Surprised By Punishment For Plea To Lower Felony, Buffalo Law Review

Buffalo Law Review

People v. Griffin, 7 N.Y.2d 511, 199 N.Y.S.2d 674 (1960).

Criminal Law—Coram Nobis: Defendant Deprived Of Counsel Of His Choice, Buffalo Law Review

Buffalo Law Review

People v. Hannigan, 7 N.Y.2d 317, 197 N.YS.2d 152 (1960).

Criminal Law—Habeas Corpus Proper While Appeal Pending, Buffalo Law Review

Buffalo Law Review

People v. Schildhaus, 8 N.Y.2d 33, 201 N.Y.S.2d 97 (1960).

Criminal Law—Coram Nobis: Right To Effective Counsel, Buffalo Law Review

Buffalo Law Review

People v. Brown, 7 N.Y.2d 359, 197 N.Y.S.2d 705 (1960); People v. Tomaselli, 7 N.Y.2d 350, 197 N.Y.S.2d 697 (1960).

Criminal Law And Procedure -- 1960 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Offenses against the person-(a) Homicide: Parties.-Because of an asserted lack of intention to commit homicide, two persons asked the state supreme court in Eager v. State to reverse their convictions of involuntary manslaughter for allegedly, while intoxicated, killing a pedestrian with an automobile driven by one and directed and aided by the other. In affirming, it would have been enough to dispose of this contention to invoke the statutory provision that "manslaughter is the unlawful killing of another without malice, either express or implied, which may be... involuntary, but in the commission of some unlawful act,"' to call attention to …

Criminal Law, Robert G. Swenson

Washington Law Review

Covers cases on discovery in criminal actions.

Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.

West Virginia Law Review

No abstract provided.

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

The Judge's Responsibility On A Plea Of Guilty, William J. Thompson

West Virginia Law Review

No abstract provided.

Criminal Law--Plea Of Guilty--"Jurisdictional Facts", J. Mc K.

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

Admissibility In Criminal Cases Of Evidence Of Other Sex Offenses

Washington and Lee Law Review

No abstract provided.

Suppression Of Evidence In Criminal Tax Proceedings, Jacob W. Mayer

Kentucky Law Journal

No abstract provided.

Waiver Of Trial Jury In Felony Cases In Kentucky, Billy R. Paxton

Kentucky Law Journal

No abstract provided.

Criminal Procedure--Search And Seizure--Admissibility Of Evidence Obtained In Search Incidental To Arrest Without A Warrant, Carl R. Clontz

Kentucky Law Journal

No abstract provided.

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Confessions And Criminal Procedure—A Proposal, George Neff Stevens

Washington Law Review

The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.

Criminal Law And Procedure--1959 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Conspiracy--Cline v. State was an appeal from a conviction of a conspiracy to dynamite and destroy a public school building in Clinton, Tennessee, in violation of a statute making it a felony for two or more persons to agree "to commit an illegal act capable of producing conditions destructive to life or property.. ." by possessing, transporting or using explosives. Three men, D1, D2 and D3, had been indicated; but, before defendants were put to trial, the state entered a "nolle prosequi" against D1, who became a state's witness. Afterwards, D2 was acquitted in the same trial in which D3, …

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Prosecutor Indiscretion: A Result Of Political Influence

Indiana Law Journal

No abstract provided.

Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.

Michigan Law Review

Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …

Attendance Of Out-Of-State Witnesses In Criminal Trials

Washington and Lee Law Review

No abstract provided.

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Should The Admissibility Of Dying Declarations In Evidence Be Limited To Homicide Cases, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

The Maryland Version Of The Uniform Post Conviction Procedure Act, With Special Reference To The Writ Of Habeas Corpus, John D. Alexander Jr.

Maryland Law Review

No abstract provided.

Presence Of Accused At Trial Necessary - Kidnapping And False Imprisonment Differentiated - Midgett V. State, Beverly R. Williford

Maryland Law Review

No abstract provided.