Robinson V. United States
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Robinson V. United States
Thomas Henry Robinson Jr. v. United States, 324 U.S. 282 (1945), was a Supreme Court case in which the Court ruled that under the Federal Kidnapping Act which states, "the sentence of death shall not be imposed by the court if, prior to its imposition, the kidnapped person has been liberated unharmed", a defendant may receive the death sentence if their victim suffered from non-permanent injuries. Although the court ruled in this way, it did so mainly on the premise it did not feel it had sufficient reason to "nullify the clearly expressed purpose of Congress" in this case. Historical context This case begins with Thomas H. Robinson Jr, who, on October 10, 1934, kidnapped Alice Stoll in Louisville, Kentucky. In the commission of this kidnapping it was also alleged Robinson's father and wife were involved, however they were acquitted on all charges. Only 10 days later on October 20, a federal grand jury indicted Robinson with violating 18 U.S. Code § 408a and 18 U.S. Code § 40 ...
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Federal Kidnapping Act
Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, (a)(1) (popularly known as the Lindbergh Law, or Little Lindbergh Law)—which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim. The act was first proposed in December 1931 by Missouri Senator Roscoe Conkling Patterson, who pointed to several recent kidnappings in Missouri in calling for a federal solution. Initial resistance to Patterson's proposal was based on concerns over funding and state's rights. Consideration of the law was revived following the kidnapping of Howard Woolverton in late January 1932. Woolverton's kidnapping featured prominently in several newspaper series researched and prepared in the weeks following his abduction, and were quite possibly inspired by it. Two such projects, by Br ...
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Ineffective Assistance Of Counsel
In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution. Ineffectiveness claims may only be brought where the defendant had the right to counsel, ordinarily during the critical stages of a prosecution. Having the "benefit of counsel" or "assistance of counsel" means that the criminal defendant has had a competent attorney representing them. Competence is defined as reasonable professional assistance and is defined in part by prevailing professional norms and standards. To prove they received ineffective assistance, a criminal defendant must show two things: # Deficient performance by counsel # Resulting prejudice, in that but for the deficient performance, there is a "reasonable probability" ...
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United States Supreme Court Cases Of The Stone Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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Frank Murphy
William Francis Murphy (April 13, 1890July 19, 1949) was an American politician, lawyer, and jurist from Michigan. He was a Democrat who was named to the Supreme Court of the United States in 1940 after a political career that included serving as United States Attorney General, 35th governor of Michigan, and Mayor of Detroit. He also served as the last Governor-General of the Philippines and the first High Commissioner to the Philippines. Born in "The Thumb" region of Michigan, Murphy graduated from the University of Michigan Law School in 1914. After serving in the United States Army during World War I, he served as a federal attorney and trial judge. He served as Mayor of Detroit from 1930 to 1933. A panel of 69 scholars in 1993 ranked him among the ten best mayors in American history. In 1933 he was appointed as Governor-General of the Philippine Islands. He returned home in 1936 and defeated incumbent Republican governor Frank Fitzgerald in the 1936 Michigan gubernatori ...
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Wiley Rutledge
Wiley Blount Rutledge Jr. (July 20, 1894 – September 10, 1949) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1943 to 1949. The ninth and final justice appointed by President Franklin D. Roosevelt, he is best known for his impassioned defenses of civil liberties. Rutledge favored broad interpretations of the First Amendment, the Due Process Clause, and the Equal Protection Clause, and he argued that the Bill of Rights applied in its totality to the states. He participated in several noteworthy cases involving the intersection of individual freedoms and the government's wartime powers. Rutledge served on the Court until his death at the age of fifty-five. Legal scholars have generally thought highly of the justice, although the brevity of his tenure has minimized his impact on history. Born in Cloverport, Kentucky, Rutledge attended several colleges and universities, graduating with a Bachelor of Laws degree in 1922. ...
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Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States, U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party (United States), Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 United States presidential election, 1932 and 1936 United States presidential election, 1936 presidential elections.Ball, Howard. ''Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 1996. Before he became a senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan. An article from the ''Pittsburgh Post-Gazette'' reported that he temporarily resigned from the Klan in 1925 to bolster his senatorial campaign, before quietly rejoining in 1926. In 1937, upon being appoin ...
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Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. The United States federal courts were divided into six circuits in 1801, but a circuit court of appeals was not established until the passage of the Judiciary Act of 1891. William Howard Taft, the only person ever to serve as both President and Chief Justice of the United States, once served on the Sixth Circuit. Four other judges of the Sixth Circuit ...
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Michael Joseph Roche
Michael Joseph Roche (July 22, 1878 – July 1, 1964) was a United States district judge of the United States District Court for the Northern District of California. Education and career Born in An Rinn, County Waterford, Ireland, the son of William and Bridget Foley Roche, Roche received a Bachelor of Laws from Valparaiso University School of Law in 1908. He entered private practice in San Francisco, California in 1908, and was an assistant district attorney of San Francisco from 1908 to 1910. He was a judge of the Municipal Court of San Francisco from 1910 to 1914, and of the Superior Court of California in San Francisco from 1918 to 1935. Federal judicial service On August 21, 1935, Roche was nominated by President Franklin D. Roosevelt to a seat on the United States District Court for the Northern District of California vacated by Judge Frank Henry Kerrigan. Roche was confirmed by the United States Senate on August 23, 1935, and received his commission on August 24, 1935. ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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William Healy (judge)
William Healy (September 10, 1881 – March 15, 1962) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and career Born in Windham, Iowa, Healy received an Artium Baccalaureus degree from the University of Iowa in 1906 and graduated from the University of Iowa College of Law in 1908. He was in private practice in Silver City, Idaho, from 1909 to 1913, also serving as a prosecuting attorney of Owyhee County, Idaho, from 1911 to 1912. He was a member of the Idaho House of Representatives in 1913. He was in private practice in Boise, Idaho, from 1914 to 1934, and was general counsel to the Farm Credit Administration in Spokane, Washington from 1934 to 1937. Federal judicial service On June 8, 1937, Healy was nominated by President Franklin D. Roosevelt to a new seat on the United States Court of Appeals for the Ninth Circuit created by 50 Stat. 64. He was confirmed by the United States Senate The United States Senate ...
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