Evidence Commons^™

Evidence - Privilege - Maintaining Action Where The Evidence May Affect The National Security, John F. Dodge, Jr. S.Ed.

Michigan Law Review

The plaintiff brought an action for the breach of a contract for the manufacture of certain arming mechanisms for the use of the United States Army. The defendant moved to dismiss the action on the grounds that the contract in question was classified as confidential by the army and that the disclosures of certain facts asserted to be material in the prosecution and defense of the action would be a violation of the Federal Espionage Laws. Held, motion denied. The court should invoke every proper judicial technique to keep state secrets unrevealed, but it should not dismiss a valid …

Admissibility Of Evidence Obtained By Unlawful Searches And Seizures, Lawrence L. Lieberman

William and Mary Review of Virginia Law

No abstract provided.

The Twilight Zone Of Hearsay, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

Juvenile Courts--Constitutional Rights And Rules Of Evidence Applicable, H. C. B.

West Virginia Law Review

No abstract provided.

Evidence, John P. Kovarik

Washington Law Review

Covers cases on exceptions to the hearsay rule, on facts that must be included in hypothetical questions and that may form the basis for an expert's answer, and on judicial notice of the useful life structure according to the Internal Revenue Bulletin.

Morgan: Basic Problems Of Evidence, Alfred L. Gausewitz

Michigan Law Review

A Review of Basic Problems of Evidence. By Edmund M. Morgan.

The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Evidence—Cross-Examination To Impeach Credibility Held Prejudicial, Alan H. Levine

Buffalo Law Review

McQuage v. City of New York, 285 App. Div. 249, 136 N. Y. S. 2d 111 (1st Dep't 1954).

Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.

Michigan Law Review

Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Evidence--Disclosure Of Defendant's Liability Insurance, C. W. G.

West Virginia Law Review

No abstract provided.

Witnesses--Personal Transactions With Persons Deceased At Time Of Trial, A. J. B.

West Virginia Law Review

No abstract provided.

Evidence - Presumptions - Continuting Life During Seven-Year Absence, Douglas Peck S.Ed.

Michigan Law Review

Deceased, a wage earner, disappeared on December 28, 1943, and was unreported for more than seven years. Evidence was conflicting as to whether he had suicidal tendencies. He was adjudged dead in December 1950 by probate court, and plaintiff, as administratrix, filed a claim for monthly social security benefits to which deceased would have been entitled for the period from December 1943 to December 1950. The referee made a finding that deceased died in December 1943. On appeal to the United States District Court from a decision of the Appeals Council of the Federal Security Agency affirming the referee's finding …

Evidence-Validity Of Statute Making Illegally Obtained Evidence Admissible In Gambling Prosecution In One County Of State [Salsburg V. Maryland, U S. Sup. Ct. 1954].

Washington and Lee Law Review

No abstract provided.

Evidence-Admissibility In Prosecution For Drunken Driving Of Accused's Refusal To Submit To Blood Test [Gardner V. Commonwealth, Va. 1954]

Washington and Lee Law Review

No abstract provided.

Evidence-Application Of Federal Wire Tapping Statute To Recording Authorized By Informer Without Consent Of Accused [United States V. Stephenson, Fed. 1954].

Washington and Lee Law Review

No abstract provided.

Evidence - Admissibility In Federal Courts Of Record Of Telephone Conversation-Meaning Of "Interception", Robert C. Fox S.Ed.

Michigan Law Review

In a prosecution for perjury committed before a subcommittee of Congress, defendant filed a motion to suppress the record of a telephone conversation which had been made by the other party to the conversation without defendant's knowledge or consent.

Held , motion granted. To record a telephone conversation in this manner is to intercept it within the meaning of section 605 of the Communications Act; under the Supreme Court's ruling in Nardone v. United States, divulgence in court of a conversation so intercepted would be a violation of the Communications Act. United States v. Stephenson, (D.C. D.C. 1954) …

Constitutional Law—Effect Of Coerced Confession Held To Carry Over To Later Confession, Richard C. Wagner

Buffalo Law Review

Leyra v. Denno, 347 U. S. 556 (1954).

Extra-Legal Materials And The Law Of Evidence, John S. Strahorn Jr.

Maryland Law Review

No abstract provided.

Symposium On "Trauma Or Heart Disease? Pretrial Conference For Medical Testimony"

Maryland Law Review

No abstract provided.

The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle

Kentucky Law Journal

No abstract provided.

Criminal Responsibility And Mental Disorder: New Approaches To An Old Problem

Indiana Law Journal

No abstract provided.

Evidence—Effect Of Federal Immunity Statute On State Proceedings, Eileen Tomaka

Buffalo Law Review

Adams v. Maryland, 347 U. S. 179 (1954).

Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.

Michigan Law Review

Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …

Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant was subpoenaed in connection with a grand jury investigation of gambling and corruption of public officials. He had been retained by one 'Willie" Moretti as attorney for five of his associates in October, 1950 after a complaint charging a gambling conspiracy had been filed against them. During some two hundred conferences with Moretti in the following year, defendant learned that protection money was being paid to certain high ranking state officials, Moretti at one point complaining of the frequent demands of these officials for more· money. Moretti also discussed with defendant a visit he had paid to the home …

Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.

Michigan Law Review

Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …

Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.

Michigan Law Review

In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …

Radar In The Courts, Dudley Warner Woodbridge

Faculty Publications

No abstract provided.