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Articles 1051 - 1080 of 1086
Full-Text Articles in Law
67/11/03 Brief Of Respondent, Reuben M. Payne, John T. Corrigan
67/11/03 Brief Of Respondent, Reuben M. Payne, John T. Corrigan
United States Supreme Court
No abstract provided.
67/10/25 Brief Of Attorney General Of The State Of New York As Amicus Curiae In Support Of Appellees, Louis J. Lefkowitz, Samuel A. Hirshowitz, Maria L. Marcus, Brenda Soloff
67/10/25 Brief Of Attorney General Of The State Of New York As Amicus Curiae In Support Of Appellees, Louis J. Lefkowitz, Samuel A. Hirshowitz, Maria L. Marcus, Brenda Soloff
United States Supreme Court
New York Attorney General Amicus Curiae brief argues that police should be able to stop and question suspects whom they reasonably believe have or are planning to commit a felony.
67/10/18 Brief For Petitioner, Terry, Louis Stokes, Jack G. Day
67/10/18 Brief For Petitioner, Terry, Louis Stokes, Jack G. Day
United States Supreme Court
No abstract provided.
67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine
67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine
United States Supreme Court
The American Civil Liberties Union (ACLU), ACLU of New York and New York Civil Liberties Union's Amici Curiae Brief arguing against the "stop-and-frisk" practice as seen in Terry v. Ohio and Chilton v. Ohio, Peters v. New York, and Sibron v. New York.
67/08/31 Brief For The N.A.A.C.P Legal Defense And Educational Fund, Inc., As Amicus Curiae, Jack Greenberg, James M. Nabrit Iii, Michael Meltsner, Melvyn Zarr, Anthony G. Amsterdam, William E. Mcdaniels Jr.
67/08/31 Brief For The N.A.A.C.P Legal Defense And Educational Fund, Inc., As Amicus Curiae, Jack Greenberg, James M. Nabrit Iii, Michael Meltsner, Melvyn Zarr, Anthony G. Amsterdam, William E. Mcdaniels Jr.
United States Supreme Court
"The Court should hold that neither stops nor frisks may be made without probable cause. In each of these cases, the judgment of conviction should be reversed" -- conclusion, p. 69.
67/06/18 Bullets Write Finish To Chilton Case, Cleveland Plain Dealer
67/06/18 Bullets Write Finish To Chilton Case, Cleveland Plain Dealer
Newspaper Coverage
Announces the death of Richard D. Chilton who was arrested with John W. Terry on October 31, 1963 for concealed carry after stopped and frisked by Cleveland Police Detective Martin J. McFadden. Had he not been killed in a robbery attempt, Chilton, also represented by Louis Stokes would have had his case heard before the United States Supreme Court.
67/05/17 Brief In Opposition To Petition For A Writ Of Certiorari, Reuben M. Payne, John T. Corrigan
67/05/17 Brief In Opposition To Petition For A Writ Of Certiorari, Reuben M. Payne, John T. Corrigan
United States Supreme Court
No abstract provided.
67/03/17 Petition For A Writ Of Certiorari To The Supreme Court Of Ohio, Louis Stokes
67/03/17 Petition For A Writ Of Certiorari To The Supreme Court Of Ohio, Louis Stokes
United States Supreme Court
Argues that the introduction of evidence (their guns) against Terry and Chilton violated the Fourth and Fourteenth Amendments and that "bare suspicion alone" does not meet the requirements for "probable cause" set forth in the Forth and Fourteenth Amendments.
67/01/11 Docket And Journal Entries, Court Of Appeals, Emil J. Masgay
67/01/11 Docket And Journal Entries, Court Of Appeals, Emil J. Masgay
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Docket and journal entries for Ohio v. Terry and Ohio v. Chilton, prepared by Emil J. Masgay, Clerk of Courts at the Eighth Judicial District Court of Appeals.
67/01/09 Precipe, Louis Stokes
67/01/09 Precipe, Louis Stokes
United States Supreme Court
Precipe asking the Court of Common Pleas, Cuyahoga County to prepare and file with the United States Supreme Court a certified transcript of the docket, and journal entries together with the original papers and including the Court's opinion in State of Ohio v. Richard D. Chilton.
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Cleveland State Law Review
The subject of eavesdropping, wiretapping, and electronic surveillance has induced many legal writers to comment on the law and urge legislative changes.This paper will analyze the constitutional aspects of eavesdropping as well as the common law concerning eavesdropping as it exists today.
66/10/20 Police Can Search, High Court Rules, Cleveland Press
66/10/20 Police Can Search, High Court Rules, Cleveland Press
Newspaper Coverage
The Ohio Supreme Court upheld the lower court ruling that Cleveland Police Detective Martin McFadden's search of John W. Terry and Richard D. Chilton (represented by Louis Stokes) did not violate their constitutional rights because McFadden felt they were acting "in a suspicious manner."
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
Ohio Supreme Court
Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
Ohio Supreme Court
"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Louis Stokes gives notice of appeal to the Ohio Supreme Court from judgment rendered by 8th District Court of Appeals on May 25, 1966. Appeal is on questions of law and on condition that motion for leave to appeal be allowed by Supreme Court of Ohio; constitutional question is also involved.
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
The Court of Appeals, Eight District, Cuyahoga County finds no error prejudicial to the appellant, thus affirming the Common Pleas Court judgement. Signed by Chief Justice Joseph H. Silbert, with Justices Joseph A. Artl and James Joseph Patrick Corrigan concurring.
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
Newspaper Coverage
Justices Joseph H. Silbert, Joseph A. Artl and J. J. P. Corrigan of the 8th District Court of Appeals unanimously agreed with Cuyahoga County Common Pleas Court Judge Bernard Friedman in his ruling that a policeman has a right to question a suspicious person and search him in order to protect himself from a possible assault with a deadly weapon.
65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld
65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Argues that the Cuyahoga County Common Pleas Court erred in allowing into evidence the guns found by Detective Martin McFadden because these guns were obtained in violation of the Fourth Amendment. Argues that a "frisk" is a "search" within the protection of the Fourth and Fourteenth Amendments.
65/03/11 Brief Of Defendant-Appellant, Louis Stokes
65/03/11 Brief Of Defendant-Appellant, Louis Stokes
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
"ASSIGNMENTS OF ERROR
1. The Court erred in not sustaining defendant's Motion to Suppress upon making its finding that the arrest herein was illegal. (R. 96, 100)
2. The Court erred in refusing to apply constitutional guarantees prohibiting illegal searches and seizures and substituting therefor a doctrine of stop and frisk."
65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne
65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
"By stipulation and agreement by and between Reuben Payne, Assistant County Prosecutor, on behalf of the State of Ohio, and Louis Stokes, on behalf of the defendants, Motion to Suppress the Evidence filed by the said Louis Stokes on behalf of the defendants, John W. Terry and Richard D. Chilton, were consolidated for the purpose of hearing on the Motions to Suppress.
The defendants had each been indicted for the offense of Carrying Concealed Weapons under separate indictments. The defendant John W. Terry had been indicted in the Court of Common Pleas, Criminal Branch, under case number 79491. The defendant …
64/12/03 State Of Ohio V. Richard D. Chilton, Indictment (Chronology Of Events), Richard D. Chilton
64/12/03 State Of Ohio V. Richard D. Chilton, Indictment (Chronology Of Events), Richard D. Chilton
Cuyahoga County Court of Common Pleas
No abstract provided.
64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel
64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
October 28, 1964 Motion by defendant appellant for stay of execution pending appeal granted. Motion for bail overruled.
64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer
64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer
Newspaper Coverage
Reports that Cuyahoga County Common Pleas Court Judge Bernard Friedman is expected to rule today on whether two men charged with carrying concealed weapons were searched legally. Richard Chilton and John Terry's attorney, Louis Stokes, asked that the case be dismissed because the police search of the men violated their constitutional rights.
64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press
64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press
Newspaper Coverage
Cuyahoga County Common Pleas Judge Bernard Friedman overruled the challenge, led by defense attorney Louis Stokes, to Detective Martin McFadden's search of John W. Terry and Richard Chilton. Judge Friedman suggested his decision be appealed, saying that there is no law in Ohio covering this situation and three states have laws on this subject. I strongly suggest you take this ruling to the Appellate Court to make the law clear to citizens and policemen."
64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman
64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman
Cuyahoga County Court of Common Pleas
In the Cuyahoga County Court of Common Pleas, Judge Bernard Friedman drew a distinction between "stop and frisk" and "search and seizure." This distinction was also recognized the U.S. Supreme Court in Terry v. Ohio.
Judge Friedman wrote in his opinion:
"A search is primarily for the purpose of trying to obtain evidence in connection with the commission of a crime, that the police officer may reasonably believe that a crime has been committed or might be committed.
A frisking is strictly for the protection of the officer's person and his life. There was reasonable cause in this case …
64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Part three of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Part two of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.