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Articles 211 - 229 of 229
Full-Text Articles in Criminal Procedure
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Washington Law Review
The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.
Criminal Law, Victor V. Hoff
Criminal Law, Victor V. Hoff
Washington Law Review
Covers cases on an indigent's right to a free transcript for use on appeal.
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
Washington Law Review
On January 2, 1957, the Supreme Court of Washington published the pleading and party rules, previously recommended by the Judicial Council for adoption as part of the procedural law of this state. The court did not make the rules effective but requested criticism and study by members of the bar. This preliminary publication permits examination for possible defects in the new procedure and acquaints the lawyers of the state with the rules in advance of their effective date. For aid in the study of the proposed rules, this article will review the general changes they would make in present Washington …
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Washington Law Review
Giron et al. v. Cranor, 116 F.Supp. 92 (E.D.Wash. 1953), aff'd sub nom. Cranor v. Gonzales, 226 F.2d 83 (9th Cir. 1955), cert. denied, 350 U.S. 935 (1956) represents another significant step in the expanding supervision of state criminal proceedings by the federal courts. Petitioner was arrested without a warrant and held incommunicado for more than 24 hours by Seattle police. During this interval he was intensely interrogated and finally signed a statement which was offered as a confession at the murder trial of petitioner and his two alleged accomplices. Timely objection was made to the admission on the ground …
Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin
Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin
Washington Law Review
D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …
Evidence—Admissibility Of Related Offenses, Dale Riveland
Evidence—Admissibility Of Related Offenses, Dale Riveland
Washington Law Review
D was charged with sodomy and rape. A confession of a prior similar assault and attempted rape was admitted with the instruction that the confession should be used only for whatever bearing it might have upon common scheme or plan in connection with the rape charges. D was acquitted of rape and convicted of sodomy. Appeal. Held: Affirmed. Evidence of other crimes may not be admitted unless the evidence is relevant and necessary to prove an essential ingredient of the crime charged. This confession was not sufficiently related to show w common scheme or plan. However, D was not prejudiced …
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Washington Law Review
D was acquitted of murder by reason of his insanity. The jury returned the statutory special verdict finding that his "insanity or mental irresponsibility" did not exist at the time of the trial but that there was such likelihood of a relapse or recurrence of the condition that D was not a safe person to be at large. D was committed to the state penitentiary as a criminally insane person. Soon after commitment he sought to be discharged from confinement under the procedure set out in RCW 10.76.070 [RRS § 6970; PPC § 133-11]. The prosecuting attorney petitioned for a …
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Washington Law Review
D was convicted of second degree assault. The prosecuting attorney, ostensibly for the purpose of laying a foundation for impeachment, asked D questions concerning D's prior inconsistent statements, using a purported manuscript of a wire recording. D neither confirmed nor denied making the statements, answering, "I don't know" or "I don't deny it or confirm it." The prosecutor failed to follow this up on rebuttal by proving or attempting to prove that the prior statements were actually made. Appellant contended this was error. Held: Conviction reversed. Such conduct was extremely prejudicial and constituted reversible error. State v. Yoakum, 137 Wash. …
The Special Verdict—Theory And Practice, Samuel M. Driver
The Special Verdict—Theory And Practice, Samuel M. Driver
Washington Law Review
At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …
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 …
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
Washington Law Review
This is a criticism of the decision of the Supreme Court of Washington in the case of State vs. Maish. The opinion states that "appellant was accorded a fair trial in every respect, that the trial court committed no error in refusing to give the requested instruction, and that judgment and sentence of the trial court must be, and it is, affirmed." Reference is made to the above decision in detail, the instruction referred to was one requested by the defendant and refused by the trial court. It follows: "You are instructed that if you believe from the evidence that …
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Washington Law Review
Has Washington completely abrogated the common law rule which makes any person convicted of an infamous crime an incompetent witness?
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Washington Law Review
By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Washington Law Review
This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
Washington Law Review
The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts …
Injunctions To Restrain Threatened Or Impending Criminal Prosecutions, Frederick G. Hamley
Injunctions To Restrain Threatened Or Impending Criminal Prosecutions, Frederick G. Hamley
Washington Law Review
The general rule is always stated to be that an injunction will not be granted to stay criminal or quasi-crininal proceedings. The original basis of the rule, it is quite generally agreed, was founded upon the theory that to sustain a bill in equity to restrain or relieve against proceedings for the punishment of offenses would constitute an invasion of the law courts. This theory was the natural outgrowth of the lack of relation between equity and law courts as they formerly existed in England. With the gradual ebb in the jealousies and antagonisms between courts of law and of …
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
Washington Law Review
The question as to what extent and under what circumstances the affidavits of jurors will be considered on a motion for a new trial, arises in instances where the losing party feels that the jury has failed to properly exercise its function of deciding the case in an impartial and unprejudiced manner according to the law and evidence submitted in the case. In an early case the arbitrary rule was laid down that under no circumstances would an affidavit of a juror be considered for the purpose of setting aside the juror's sworn act incorporated in the verdict.The rule thus …
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
Washington Law Review
When the question as to whether or not a prosecuting attorney should be permitted to comment on the failure of the accused in a criminal action to testify in his own behalf first arose in the state of Washington, the Supreme Court rested its decision denying the right to make such comment on a statute. The abrogation of this statute by the Supreme Court under its rule-making power, leaves this question of vital importance in criminal practice open and undecided in this State.