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Articles 1 - 11 of 11
Full-Text Articles in Law
Evidence-Presumptions-Plaintiff's Res Ipsa Loquitur Against Defendants Presumption Of Due Care, Bernard A. Petrie S.Ed.
Evidence-Presumptions-Plaintiff's Res Ipsa Loquitur Against Defendants Presumption Of Due Care, Bernard A. Petrie S.Ed.
Michigan Law Review
Plaintiff sued for injuries resulting when an automobile which defendant was driving and in which plaintiff was sleeping left the highway. There was evidence that defendant suffered retrograde amnesia and could not recall the circumstances of the accident. The court, instructing on res ipsa loquitur for plaintiff, told the jury that it might infer negligence from the fact that the automobile inexplicably left the highway. The court also instructed that, if the jury believed that defendant suffered a loss of memory, defendant was presumed to have exercised due care. Verdict for defendant. Plaintiff contended that instruction on the presumption of …
Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed.
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 …
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Michigan Law Review
It is the purpose of this comment to examine the admissibility and probative value of the tests available for determining the amount of alcohol in the human system.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
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 …
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Michigan Law Review
To attack the credibility of defendant charged with larceny of an automobile, the prosecution cross-examined him as to a prior conviction based upon unauthorized use of an automobile. Defendant had received a full pardon pursuant to a Presidential proclamation of general amnesty for federal offenders with one year or more of honorable World War II service. On appeal after conviction, held, affirmed, one judge dissenting. A full pardon does not deprive the state of the right to use a prior conviction in attacking the credibility of the accused as witness. Richards v. United States, (D.C. Cir. 1951) 192 …
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiff sued in New York to recover for injuries sustained in a crash of an airplane owned and operated by the defendant. Plaintiff's pleading and proof relied upon general negligence and res ipsa loquitur, but after evidence of specific negligence was elicited upon cross examination of defendant's witness, plaintiff also used such specific negligence in argument to the jury. The defendant excepted to the jury instruction which gave the plaintiff the benefit of the res ipsa loquitur doctrine. Verdict was for the plaintiff. On appeal, held, the plaintiff was entitled to the benefit of the res ipsa loquitur doctrine, …
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Michigan Law Review
The defendant was in the unlawful possession of narcotics. Having been given a key by his two aunts to their hotel room with authority to use the room at will, defendant stored the narcotics there without the knowledge of the occupants. A federal officer entered the hotel room, searched the room, and seized the narcotics during the absence of the occupants, without a search warrant. The defendant was arrested the following day and claimed ownership of the seized narcotics. He was convicted in the District Court of the District of Columbia for violation of federal law, the court refusing to …
Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston
Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston
Michigan Law Review
Husband sued for divorce alleging that wife drank excessively and humiliated him in public by her conduct, and that she continually made false and profane accusations designed to make his life unbearable. As proof of the latter charge, plaintiff was allowed to introduce in evidence a wire recording of conversations between plaintiff and defendant in their bedroom. Plaintiff's son by a previous marriage had, by prearrangement with plaintiff, installed in their bedroom a microphone connected to a wire-recorder in the son's adjoining bedroom, with which recordings were made of four separate conversations between plaintiff and defendant. The recordings substantiated plaintiff's …
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Michigan Law Review
Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Michigan Law Review
The Supreme Court announced in 1936 that under certain circumstances the admission of a confession into evidence by a state court could amount to a denial of due process as guaranteed by the Fourteenth Amendment. Since that time there has been an increasing number of appeals seeking reversal of a conviction upon that ground and an expansion by the Court of the types of factual situations which will render a confession inadmissible. That this expansion reached its apex with the case of Watts v. Indiana and companion cases decided in 1949 appears probable in the light of a recent denial …
Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed.
Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Much has been written concerning the validity of the so-called "blood-grouping tests" in bastardy and other legal proceedings. The general tenor of the writings is in favor of wider acceptance by the courts of the results of these tests. This comment is to be no exception. However, it is the purpose here to emphasize the scientific validity of the blood-grouping tests and to acquaint the reader with the theory upon which the tests rest. If lawyers and judges understand the scientific basis of the tests, a more intelligent decision upon the validity of any given result can be formed, and …