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Evidence

University of Michigan Law School

Journal

Texas

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Full-Text Articles in Law

Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman Dec 2007

Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman

University of Michigan Journal of Law Reform

What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been …


Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed. Dec 1952

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 …


Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed. May 1950

Criminal Law-Indictment And Information-Variance Between Allegation And Proof, Daniel A. Isaacson S.Ed.

Michigan Law Review

In a Texas prosecution for drunken driving, the complaint and information charged that the defendant " . . . on or about the 11th day of April, A.D. 1948 . . . did then and there unlawfully while intoxicated and while under the influence of intoxicating liquor, drive a motor vehicle . . . upon a public highway within said county, to-wit: U.S. Highway #108 about two miles north of the City of Stephenville, Texas .... " Upon conviction, defendant appealed, one ground being that the State had introduced evidence to the effect that he drove his automobile on Highway …