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Articles 1 - 27 of 27
Full-Text Articles in Law
Constitutional Law-Privilege Against Self-Incrimination-Waiver Under Compulsory Testimony Act, John A. Nordberg
Constitutional Law-Privilege Against Self-Incrimination-Waiver Under Compulsory Testimony Act, John A. Nordberg
Michigan Law Review
Smith, sole owner and officer of a clothing corporation, appeared before an OPA examiner in response to a subpoena to produce the corporate books. Under the Emergency Price Control Act these records were required to be kept and preserved. Smith said that the records were "destroyed, lost, or misplaced.'' Then, on claiming privilege against self-incrimination, he testified as to activities of the corporation and contents of the absent records. During the interrogation Smith made a long statement in partial summation of his testimony. When he finished, he was asked, ''This is a voluntary statement. You do not claim immunity with …
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Michigan Law Review
Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …
Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney
Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney
Mercer Law Review
The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Michigan Law Review
Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …
Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.
Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.
Michigan Law Review
The United States Supreme Court granted certiorari to review a federal court conviction on a charge of contempt of Congress. Pending determination of the appeal, appellant was released on bail and, after argument on the merits but before a decision had been rendered, he wrongfully fled the country. Subsequently the Attorney General notified the Court that appellant had been apprehended in England at the request of the Secretary of State and that a court of competent jurisdiction there found that appellant was not guilty of an extraditable offense under English law. The Court of its own motion then considered the …
Evidence-Admissibility Of Evidence Of Deceased's Good Character In Homicide Case In Which Accused Relies On Self-Defense
Washington and Lee Law Review
No abstract provided.
Procedure-Availability Of Writ Of Habeas Corpus To Attack Validity Of Order Made By Court Without Jurisdiction
Washington and Lee Law Review
No abstract provided.
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Michigan Law Review
What protection do the Fourth and Fifth Amendments afford against acquisition of evidence by search and seizure, actual or constructive? Does an individual have a constitutional privilege against the disclosure of records he is required by law to keep? May police officers search premises on which an arrest is made and seize contraband which they find there? A series of cases recently decided by a closely divided Supreme Court has enveloped this field in the same deep fog of uncertainty which now hangs over so many other areas of constitutional law. The unstable quality of these precedents is attested by …
False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price
False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price
William and Mary Review of Virginia Law
No abstract provided.
Constitutional Law-Search And Seizure As An Incident To Lawful Arrest, Zolman Cavitch
Constitutional Law-Search And Seizure As An Incident To Lawful Arrest, Zolman Cavitch
Michigan Law Review
Petitioners, suspected of carrying on an illegal lottery, had been under police observation for several months, during which time one of the petitioners maintained a room in a rooming house in the District of Columbia. On the day of the arrest, a police officer, without a warrant, but believing the unlawful lottery to be in operation, climbed through a window of the landlady's room, and admitted two other officers. They proceeded to the petitioner's room, where one of the officers looked through the transom. Seeing the petitioners working on an illegal lottery, the officers entered the room, arrested the petitioners …
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Michigan Law Review
Petitioner was arrested without a warrant on suspicion of larceny. He was held without commitment for a period of thirty hours during which he was intermittently questioned but was not subjected to any form of physical coercion. At the end of this period, he signed a confession which was the basis for his conviction in the district court. On certiorari to the United States Supreme Court, following affirmation in the court of appeals, held, reversed. The detention was unlawful as a violation of rule 5 (a) of the Federal Rules of Criminal Procedure, and the confession thus obtained was …
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.
Michigan Law Review
Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Michigan Law Review
Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.
Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin
Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin
Michigan Law Review
Petitioner was found guilty of violating the Harrison Narcotics Act in the Federal District Court for the District of Columbia by a jury composed wholly of federal employees. During the course of voir dire examination, petitioner moved to strike the entire panel, asserting that it did not represent a proper cross-section of the community. This motion was denied. Petitioner exhausted his ten peremptory challenges, and, upon finding that only government employees remained on the jury, then challenged the jury as impaneled for cause. The challenge was overruled. Conviction was affirmed by the circuit court of appeals. On certiorari to the …
The Right To Kill In Resisting An Illegal Arrest, James L. Gibbs
The Right To Kill In Resisting An Illegal Arrest, James L. Gibbs
South Carolina Law Review
No abstract provided.
Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed.
Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed.
Michigan Law Review
Plaintiff, a private citizen, brought a civil action for forfeiture of defendant's corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions "shall forfeit all of its corporate franchises," and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not …
Criminal Law--Verdicts--Integration Of Finding Of Guilt And Recommendation Of Clemency, T. E. M.
Criminal Law--Verdicts--Integration Of Finding Of Guilt And Recommendation Of Clemency, T. E. M.
West Virginia Law Review
No abstract provided.
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Michigan Law Review
Petitioner's writ of habeas corpus, alleging denial of due process of law in violation of the Fourteenth Amendment, was quashed on the merits by an inferior Florida court whose action was affirmed without opinion by the Florida Supreme Court. It was impossible to ascertain whether the affirmance was on the merits or on the ground that, under Florida law, habeas corpus was not the proper procedure to raise the due process issue. A later decision by the Florida Supreme Court clearly established that the prior case had been decided on the merits of the constitutional question, and that habeas corpus …
Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod
Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod
Michigan Law Review
Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment …
Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.
Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.
Michigan Law Review
Petitioner, sentenced to death in California for murder, obtained a judicial stay of execution on the ground that he had become insane since sentence had been passed. Eighteen days later he was certified as sane by the medical superintendent of the state hospital, who made this determination by an ex parte examination without giving petitioner notice or opportunity of hearing. A new date for execution was then set. The applicable statute provided a procedure, enforceable by mandamus, whereby a sentenced prisoner could obtain a hearing on his sanity. The petitioner, without seeking mandamus to compel the warden to act, applied …
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Michigan Law Review
Defendant pleaded guilty to a charge of statutory rape. After questioning him the court accepted his plea, and sentence was deferred pending an investigation by the probation and psychopathic departments. Before being sentenced, defendant requested that his plea be changed but did not deny that he was guilty. The court refused his request and sentenced him. Held, defendant should have been allowed to withdraw his plea of guilty. People v. Anderson, 321 Mich. 533, 33 N.W. (2d) 72 (1948).
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Washington Law Review
As a general proposition, anything that a party to an action has voluntarily said at any time, if relevant, will be admissible against him. In the case of two types of such statements, ordinary direct admissions and voluntary confessions, the legal principles and rationales underlying their admissibility are so well-recognized and self-evident as to occasion little confusion and less need for comment. However, in cases where a person is sought to be charged with a statement made by someone else (the so-called implied or adoptive admissions and the various types of vicarious admissions), the underlying rationalizations and applications of the …
Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler
Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler
Kentucky Law Journal
No abstract provided.
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Michigan Law Review
Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …
Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin
Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin
Michigan Law Review
Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …
Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Michigan Law Review
Defendant, represented by an attorney, was ordered, under an appearance bond, to appear at the November term of the court of general sessions to answer to an indictment for assault and battery with intent to kill. The indictment was not prepared during the November term, and at the end of the term the court ordered all those whose cases were not called to appear at the next term of court. At the February term defendant's case came up, but his attorney had apparently failed to read the court calendar, as neither the defendant nor the attorney knew that the trial …
Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall
Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall
Articles by Maurer Faculty
No abstract provided.