Criminal Procedure Commons^™

Self-Incrimination: Statute Discovered After Claim, Thomas T. Basil

Buffalo Law Review

United States v. Courtney, 236 F.2d 921 (2d Cir. 1956).

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

Federal Criminal Procedure - Venue Situs Of Crime Of Failing To Perform Statutory Duty, John C. Baity

Michigan Law Review

Three defendants, classified conscientious objectors, were prosecuted for violations of the Military Training and Service Act. Defendants were ordered to report to their local boards for civilian work assignments in lieu of induction. They reported to their boards but refused to comply with instructions ordering them to report at hospitals located in judicial districts other than those of their boards. The Third Circuit held that the crime of "knowingly failing or neglecting to obey any such order" was committed in the district where the hospital was located and that venue was proper in such district. On similar facts the Tenth …

Criminal Law—Indictment—Defects, Jack Getman

Buffalo Law Review

People v. Close (Peo. Ex Rel. Hirschberg v. County Court), 1 N. Y. 2d 258, 134 N. E. 2d 818 (1956).

New Trial In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law—Trial—Prejudicial Statements By District Attorney, Robert Casey Jr.

Buffalo Law Review

People v. Reade, 1 N. Y. 2d 459, 136 N. E. 2d 497 (1956).

Criminal Law—Confession—Requirement Of Additional Proof, Robert Lane

Buffalo Law Review

People v. Louis, 20. 1 N. Y. 2d 137, 134 N. E. 2d 110 (1956).

Rule 558 - What The Jury May Take To The Jury Room - Bell V. State, Herbert A. Seidman

Maryland Law Review

No abstract provided.

The Effect Of Variance Between Pleading And Proof In Indiana Criminal Procedure

Indiana Law Journal

No abstract provided.

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956

Criminal Law—Confession—Right To Warning, Richard Boccio

Buffalo Law Review

People v. Duell, 1 N. Y. 2d 132, 134 N. E. 2d 106 (1956).

Criminal Law—Evidence—Prosecuting Attorney As Unsworn Witness, Robert Casey Jr.

Buffalo Law Review

People v. Lovello, 1 N. Y. 2d 436, 136 N. E. 2d 483 (1956).

Criminal Law—Habeas Corpus—Running Of Sentence, Robert Casey Jr.

Buffalo Law Review

People ex rel. Rainone v. Murphy, 1 N. Y. 2d 367, 135 N. E. 2d 567 (1956).

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Criminal Procedure--Right Of State To Appeal, Henry H. Dickinson

Kentucky Law Journal

No abstract provided.

Criminal Procedure--Authority Of A Trial Commissioner To Try Criminal Cases In Quarterly Court, Arthur L. Brooks Jr.

Kentucky Law Journal

No abstract provided.

The Complaint In Federal Criminal Procedure, Lester B. Orfield

Kentucky Law Journal

No abstract provided.

Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.

Michigan Law Review

Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …

Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …

Criminal Law—Coram Nobis—Right To Hearing, Paul Shatkin

Buffalo Law Review

People v. Lain, 309 N. Y. 291, 130 N.E. 2d 105 (1955); People v. White, 309 N. Y. 636, 132 N.E. 2d 880 (1956).

Criminal Law—Appeal From Dismissal Of Injunction, Paul Shatkin

Buffalo Law Review

People v. Levenstein, 309 N. Y. 433, 131 N.E. 2d 719 (1956).

Criminal Law—Coram Nobis—Presumption Of Regularity, Vincent P. Furlong

Buffalo Law Review

People v. Boehm, 309 N. Y: 362, 130 N.E. 2d 897 (1955).

Criminal Law—Jury, Richard F. Griffin

Buffalo Law Review

People v. Winship, 309 N. Y. 311, 130 N.E. 2d 634 (1955).

Criminal Law—Wiretapping, Robert Rosinski

Buffalo Law Review

People v. Abelson, 309 N. Y. 643, 132 N. E. 2d 884 (1956).

Criminal Law—Speedy Trial, Robert Casey Jr.

Buffalo Law Review

People v. Prosser, 309 N. Y. 353, 130 N. E. 2d 891 (1955).

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 …

Recent Extensions Of Felony Murder Rule

Indiana Law Journal

No abstract provided.

Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.

William and Mary Review of Virginia Law

No abstract provided.

Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich

William and Mary Review of Virginia Law

No abstract provided.