Case Law - Case Details
New Trial Based on Perjured Testimony of Government Witness
“Where a material witness admits under oath that his testimony was mistaken or false, a new trial, has in numerous cases, been granted. In some cases, however, such admission has been held insufficient to justify the conclusion that the evidence given by the witness on the trial was false." (For support of this statement, see People v. Tallmadge, 114 Cal. 427, 46 P. 282; People v. Shilitano, 218 N.Y. 161, 112 N.E. 733, L. R. A. 1916F, 1044.) "It has been declared that conviction of perjury or his death rendering conviction impossible is necessary." (For support of this statement see note to 51 L. R. A. [N. S.] 291.) "And in any case an admission of perjury will not call for a new trial, if, eliminating such evidence, there is still other evidence to support the judgment." (For cases supporting this view see note 51 L. R. A. [N. S.] 293.) "Moreover, where the party could have shown the perjured character of the adversary's testimony at the time of trial, a new trial has generally been denied on the ground that there must be an end of litigation."
We agree with the court in Martin v. U. S. (C. C. A.) 17 F.(2d) 976, and hold that courts should not necessarily deny motions for new trials when the perjured testimony is merely cumulative. The fact that the testimony is cumulative only, should no doubt be considered, but it is not conclusive on the motion for new trial.
We agree with the court in Martin v. U. S. (C. C. A.) 17 F.(2d) 976, and hold that courts should not necessarily deny motions for new trials when the perjured testimony is merely cumulative. The fact that the testimony is cumulative only, should no doubt be considered, but it is not conclusive on the motion for new trial.
Felon in Possession of a Firearm
Right to Bear Arms in Public
Right for US Supreme Court to Hear Civil Rights violations
This Court has, constitutionally, appellate jurisdiction under the Judiciary Act of 1789, c. 20, § 25, from the final judgment or decree of the highest court of law or equity of a state, having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United State, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of such, their validity; or of the constitution, or of treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed, by either party under such clause of the constitution, treaty, statute, or commission.
Supreme Court has Jurisdiction to Proclaim Acts of Congress Unconstitutional
Held:
- This Court has jurisdiction of the appeals under 28 U.S.C. § 1252, providing for appeals to this Court from judgments holding an Act of Congress unconstitutional in any civil action to which the United States is a party.
Counsel Required In Actions Where Punishment is Jail Time
Held: A suspended sentence that may "end up in the actual deprivation of a person's liberty" may not be imposed unless the defendant was accorded "the guiding hand of counsel" in the prosecution for the crime charged. Argersinger, 407 U. S., at 40. Pp. 660-674.
Suffrage Case
Right to Travel
Natural Law – Cannot Be Governed Without Consent
There, every man is independent of all laws, except those prescribed by nature. He is not (339) bound by any institutions formed by his fellowmen without his consent.
Exercise Right with Impunity
1. A law subjecting the right of free expression in publicly owned places to the prior restraint of a license, without narrow, objective, and definite standards is unconstitutional, and a person faced with such a law may ignore it and exercise his First Amendment rights. Pp. 394 U. S. 150-151.
Stop and Frisk
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."
Controlled Substance Prescription Case
Indictment Missing Element
Rights Violated in North Tonawanda
Freedom From Establishment
Indictment something
Anything Repugnant to the Constitution is Null and Void
But when the Legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law, is amenable to the laws for his conduct, and cannot at his discretion, sport away the vested rights of others.
Right to Sue Fed for Civil Rights Violations
While there is no explicit right to file a civil lawsuit against federal government officials who have violated the Fourth Amendment, this right can be inferred. This is because a constitutional protection would not be meaningful if there were no way to seek a remedy for a violation of it.
Dismissal and summary judgement standards
Suppression of Evidence by Prosecutor violates Due Process
We agree with the Court of Appeals that suppression of this confession was a violation of the Due Process Clause of the Fourteenth Amendment. The Court of Appeals relied, in the main, on two decisions from the Third Circuit Court of Appeals United States ex rel. Almeida v. Baldi, 195 F.2d 815, 33 A.L.R.2d 1407, and United States ex rel. Thompson v. Dye, 221 F.2d 763 which, we agree, state the correct constitutional rule.
This ruling is an extension of Mooney v. Holohan, 294 U. S. 103, 112, where the Court ruled on what nondisclosure by a prosecutor violates due process:
"It is a requirement that cannot be deemed to be satisfied by mere notice and hearing if a state has contrived a conviction through the pretense of a trial which, in truth, is but used as a means of depriving a defendant of liberty through a deliberate deception of court and jury by the presentation of testimony known to be perjured. Such a contrivance by a state to procure the conviction and imprisonment of a defendant is as inconsistent with the rudimentary demands of justice as is the obtaining of a like result by intimidation."
In Pyle v. Kansas, 317 U. S. 213, 215-216, we phrased the rule in broader terms:
"Petitioner's papers are inexpertly drawn, but they do set forth allegations that his imprisonment resulted from perjured testimony, knowingly used by the State authorities to obtain his conviction, and from the deliberate suppression by those same authorities of evidence favorable to him. These allegations sufficiently charge a deprivation of rights guaranteed by the Federal Constitution, and, if proven, would entitle petitioner to release from his present custody. Mooney v. Holohan, 294 U. S. 103. "
This ruling is an extension of Mooney v. Holohan, 294 U. S. 103, 112, where the Court ruled on what nondisclosure by a prosecutor violates due process:
"It is a requirement that cannot be deemed to be satisfied by mere notice and hearing if a state has contrived a conviction through the pretense of a trial which, in truth, is but used as a means of depriving a defendant of liberty through a deliberate deception of court and jury by the presentation of testimony known to be perjured. Such a contrivance by a state to procure the conviction and imprisonment of a defendant is as inconsistent with the rudimentary demands of justice as is the obtaining of a like result by intimidation."
In Pyle v. Kansas, 317 U. S. 213, 215-216, we phrased the rule in broader terms:
"Petitioner's papers are inexpertly drawn, but they do set forth allegations that his imprisonment resulted from perjured testimony, knowingly used by the State authorities to obtain his conviction, and from the deliberate suppression by those same authorities of evidence favorable to him. These allegations sufficiently charge a deprivation of rights guaranteed by the Federal Constitution, and, if proven, would entitle petitioner to release from his present custody. Mooney v. Holohan, 294 U. S. 103. "
Chevron Deference
Illegal search and seizure
Citizens of other states can sue a different state (annulled by 11th amendment)
Fingerprints prior to conviction violates due process
1. Fingerprint evidence is no exception to the rule that all evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court. Pp. 394 U. S. 723-724.
2. The Fourth Amendment applies to involuntary detention occurring at the investigatory stage as well as at the accusatory stage. Pp. 394 U. S. 726-727.
3. Detentions for the sole purpose of obtaining fingerprints are subject to the constraints of the Fourth Amendment. P. 394 U. S. 727.
4. It is not determined here whether Fourth Amendment requirements could be met by narrowly circumscribed procedures for obtaining, during a criminal investigation, fingerprints of persons for whom there is no probable cause to arrest, since no attempt was made in this case to employ procedures which might comply with the Fourth Amendment. P. 394 U. S. 728.
2. The Fourth Amendment applies to involuntary detention occurring at the investigatory stage as well as at the accusatory stage. Pp. 394 U. S. 726-727.
3. Detentions for the sole purpose of obtaining fingerprints are subject to the constraints of the Fourth Amendment. P. 394 U. S. 727.
4. It is not determined here whether Fourth Amendment requirements could be met by narrowly circumscribed procedures for obtaining, during a criminal investigation, fingerprints of persons for whom there is no probable cause to arrest, since no attempt was made in this case to employ procedures which might comply with the Fourth Amendment. P. 394 U. S. 728.
No License Required
Child Welfare
Constitution Doesn’t Apply to Territories
Court of Appeals In DC is a constitutional court
1. This Court is a constitutional, as distinguished from a legislative, Court, and can have no jurisdiction other than of cases and controversies falling within the classes enumerated in the judiciary article of the Constitution; it cannot give decisions which are merely advisory, nor can it exercise or participate in the exercise of functions which are essentially legislative or administrative. P. 281 U. S. 469.
Tax on Wages Argument
5th Amendment doesn’t apply to corporations/No arrest without due process
“The benefits of the Fifth Amendment are exclusively for a witness compelled to testify against himself in a criminal case, and he cannot set them up on behalf of any other person or individual, or of a corporation of which he is an officer or employe.”
“But this objection to the subpoena does not go to the validity of the order remanding the petitioner, which is, therefore affirmed.”
“But this objection to the subpoena does not go to the validity of the order remanding the petitioner, which is, therefore affirmed.”
Photographing prior to conviction illegal
"We do not question that the taking of the plaintiff's picture before conviction was an illegal act.”
No deprivation of rights prior to conviction
"It is a rule as old as the law, and never more to be respected than now, that no one shall be personally bound until he has had his day in court, by which is meant until he has been duly cited to appear, and has been afforded an opportunity to be heard. Judgment without such citation and opportunity wants all the attributes of a judicial determination. It is judicial usurpation and oppression, and can never be upheld where justice is justly administered."
Federal Law Supersedes State Laws
A state law "sovereign immunity" defense is not available to a school board in a § 1983 action brought in a state court that otherwise has jurisdiction when such defense would not be available if the action were brought in a federal forum.
Avoiding Contempt of Court
their trial and conviction for contempt before the same judge violated the Due Process Clause of the Fourteenth Amendment. Pp. 349 U. S. 133-139.
The power of a trial judge to punish for a contempt committed in his immediate presence in open court is not applicable to the contempt proceeding here. P. 349 U. S. 137.
The power of a trial judge to punish for a contempt committed in his immediate presence in open court is not applicable to the contempt proceeding here. P. 349 U. S. 137.
No license to practice law
"The so-called 'misconduct' for which petitioner could be reproached for is his taking the New Testament too seriously. Instead of merely reading or preaching the Sermon on the Mount, he tries to practice it. The only fault of the petitioner consists in his attempt to act as a good Christian in accordance with his interpretation of the Bible, and according to the dictates of his conscience. We respectfully submit that the profession of law does not shut its gates to persons who have qualified in all other respects, even when they follow in the footsteps of that Great Teacher of mankind who delivered the Sermon on the Mount. We respectfully submit that, under out Constitutional guarantees, even good Christians who have met all the requirements for the admission to the bar may be admitted to practice law."
Carrying arms is not a breach of the peace
"To carry into effect these enumerated powers, and all others conferred upon such city, town or village, or its council, by this chapter or by any future act of the legislature of this state, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the constitution and laws of this state; and to prescribe, impose and enact reasonable fines, penalties and imprisonments in the county jail or the place of imprisonment in said corporation, if there be one, for a term not exceeding thirty days, for a violation thereof. “
No ID required unless a crime has been committed
The statute, as drafted and as construed by the state court, is unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a "credible and reliable" identification. As such, the statute vests virtually complete discretion in the hands of the police to determine whether the suspect has satisfied the statute and must be permitted to go on his way in the absence of probable cause to arrest.
No license to practice law
1. This Court has jurisdiction to review the case, and the constitutional issues are properly here. Pp. 353 U. S. 254-58.
2. The evidence in the record does not rationally support the only two grounds upon which the Committee relied in rejecting petitioner's application, and therefore the State's refusal to admit him to the bar was a denial of due process and equal protection of the laws, in violation of the Fourteenth Amendment. Pp. 353 U. S. 258-274.
2. The evidence in the record does not rationally support the only two grounds upon which the Committee relied in rejecting petitioner's application, and therefore the State's refusal to admit him to the bar was a denial of due process and equal protection of the laws, in violation of the Fourteenth Amendment. Pp. 353 U. S. 258-274.
Title 42 Section 1983
monetary damages for alleged libel/slander. Plaintiff's constitutional claims under the first amendment and the substantive due process clause of the fourteenth amendment, and Puerto Rico law of libel/slander, were submitted to a jury, which found in plaintiff's favor on each cause of action and awarded $605,000.00 as compensatory damages and an additional $145,000.00 as punitive damages.
A right cannot be converted into a crime
There was neither search warrant nor any other lawful ground. She asserted a right which was hers, and which none could take away. That it gave temporary respite to Morris, or subjected the officers to the inconvenience of getting a lawful writ, neither detracts from this right nor subjects her to a crime for having asserted it.
Perjured Testimony a violation of Due Process
2. A criminal conviction procured by the state prosecuting authorities solely by the use of perjured testimony known by them to be perjured and knowingly used by them in order to procure the conviction is without due process of law, and in violation of the Fourteenth Amendment. P. 294 U. S. 112.
Title 42 Section 1983
It is also alleged that due to defendant's willful acts, fault and conduct plaintiff has suffered damages to his reputation and standing as a responsible actor and has suffered great emotional, moral and mental anguish, suffering also from strong nervous tensions and headaches and from insomnia for the amount of Five Million Dollars ($5,000,000).
Free speech and exercise of religion violated
1. A municipal ordinance which, as construed and applied, requires religious colporteurs to pay a license tax as a condition to the pursuit of their activities, is invalid under the Federal Constitution as a denial of freedom of speech, press and religion. Pp. 319 U. S. 108-110.
Constitutional Interpretation
The words used in a constitution should be given the meaning which would be given to them in common and ordinary usage by the average man in interpreting them in relation to every day affairs. p. 676
Courts of Appeal have authority over courts of admiralty/maritime
Congress had power before the ratification of the Articles of Confederation, to establish courts of appeals for all prize causes, and the decision of the court of appeals is final against all proceedings in courts of admiralty erected by or under the authority of the separate states of the union.
Courts of appeal in cases of admiralty and maritime jurisdiction may, having all the matter in controversy before them, make such a decree as the inferior court, from which the case was removed, should have given.
Courts of appeal in cases of admiralty and maritime jurisdiction may, having all the matter in controversy before them, make such a decree as the inferior court, from which the case was removed, should have given.
People are sovereign
It is a maxim of the common law, that when an act of parliament is made for the public good, the advancement of religion and justice, and to prevent injury and wrong, the King slia.ll be bound by such act, though not named; but when a statute is general, and any prerogative right, title or interest would be divested or taken from the King, in such case he shall not be bound, unless the statute is made by express words to extend to him.
Compulsory finger printing unconstitutional
In my judgment compulsory finger-printing before conviction is an unlawful encroachment upon person in violation of the State and Federal Constitutions.
Lastly, finger-printing before conviction involves prohibited compulsory self-incrimination.
Lastly, finger-printing before conviction involves prohibited compulsory self-incrimination.
Corporations can’t practice law nor hire attorneys to practice law for it
The appellant herein, both in its articles of incorporation and in its agreements with its membership, is assuming to do those things in the way of furnishing legal advice, counsel and services which are usually done by attorneys and counselors in the ordinary practice of the legal profession. In so doing it has attempted to enter a domain which as a corporation it may not lawfully invade. The appellant is a creature of the state, and hence the state possesses the right through the medium of this writ to prevent the unlawful exercise of its chartered powers.
Due process (being heard) prior to significant deprivation of rights
[1] The recent line of cases, commencing with Sniadach, reaffirms the principle that an individual must be afforded notice and an opportunity for a hearing before he is deprived of any significant property interest, and that exceptions to this principle can only be justified in "extraordinary circumstances."
Supreme Court Jurisdiction
1. The State Supreme Court's judgment is "final" within the meaning of § 237(a) of the Judicial Code, and this Court has jurisdiction of an appeal therefrom. Bandini Co. v. Superior Court, 284 U. S. 8; Bryant v. Zimmerman, 278 U. S. 63; Plessy v. Ferguson, 163 U. S. 537, followed. Gospel Army v. Los Angeles, ante, p. 331 U. S. 543, distinguished. Pp. 331 U. S. 556-568.
Codes aren’t laws
Although a mere allegation of a constitutional violation would not be sufficient to avoid the effect of a statutory finality provision, see Reid v. Engen, 765 F.2d 1457, 1461 (9th Cir. 1985), the record before us indicates that Rodrigues may have cognizable due process claims.
No License to practice law
a) A State cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the Due Process Clause of the Fourteenth Amendment. Pp. 353 U. S. 238-239.
If there is no victim, there is no crime
They are: long acceptance historically, the great public interest in health and safety, and the impersonal nature of the inspections -- not for evidence of crime -- but for the public welfare. Upon this reasoning, the Court concludes that probable cause exists "if reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling."
Government can’t control nor infringe on constitutional freedoms
It is clear that the Government may not prohibit or control the conduct of a person for reasons that infringe upon constitutionally guaranteed freedoms. The approval of such restrictive action would permit the government to "produce a result which [it] could not command directly." Speiser v. Randall, 357 U.S. 513, 526, 78 S.Ct. 1332, 1342, 2 L.Ed.2d 1460, 1473 (1958). Public employment is a benefit which cannot be conditioned upon the denial of constitutional rights. Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972); Keyishian v. Board of Regents, 385 U.S. 589, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967); Wieman v. Updegraff, 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216 (1952).
Probable Cause lacking in arrest
Probable cause is defined as a good faith belief that a person is guilty of a crime when the belief rests on such grounds as would induce an ordinarily prudent and cautious person, under the circumstances, to believe likewise. 6A C.J.S. Arrest Section 22 (1975). The trial judge should have charged further that probable cause for arrest in misdemeanor cases without a warrant is something more than a mere suspicion of the guilt of the accused and that an arrest made on a hunch, or on a mere belief or guess unsupported by facts, circumstances or credible information *337 pointing to the guilt of the person arrested cannot be justified as having been made on probable cause. Probable cause may be found somewhere between suspicion and sufficient evidence to convict.
Presumption of Guilt violates due process
It would, therefore, be a convenience to the Government to rely upon the presumption and cast on the defendants the burden of coming forward with evidence to rebut it. But, as we have shown, it is not permissible thus to shift the burden by arbitrarily making one fact, which has no relevance to guilt of the offense, the occasion of casting on the defendant the obligation of exculpation. The argument from convenience is admissible only where the inference is a permissible one, where the defendant has more convenient access to the proof, and where requiring him to go forward with proof will not subject him to unfairness
Page 319 U. S. 470
or hardship.
Page 319 U. S. 470
or hardship.
Willfulness Question – Supreme Court Precedent
Held: The word "willfully" has the same meaning in §§ 7206(1) and 7207, connoting the voluntary, intentional violation of a known legal duty, and the distinction between the statutes is found in the additional misconduct that is essential to the violation of the felony provision; hence, the District Court properly refused the requested lesser included offense instruction based on respondent's erroneous contention that the word "willfully" in the misdemeanor statute implied less scienter than the same word in the felony statute. Pp. 412 U. S. 350-361.
No license needed to practice law
As thus construed, the Act violates the Due Process Clause of the Fourteenth Amendment. Pp. 344 U. S. 184-192.
(a) The Due Process Clause does not permit a state, in attempting to bar disloyal persons from its employment on the basis of organizational membership, to classify innocent with knowing association. Adler v. Board of Education, 342 U. S. 485; Gerende v. Board of Supervisors, 341 U. S. 56; and Garner v. Board of Public Works, 341 U. S. 716, distinguished. Pp. 344 U. S. 188-191.
(b) The protection of the Due Process Clause extends to a public servant whose exclusion pursuant to a statue is patently arbitrary or discriminatory. Adler v. Board of Education, 342 U. S. 485, and United Public Workers v. Mitchell, 330 U. S. 75, distinguished. Pp. 344 U. S. 191-192.
(a) The Due Process Clause does not permit a state, in attempting to bar disloyal persons from its employment on the basis of organizational membership, to classify innocent with knowing association. Adler v. Board of Education, 342 U. S. 485; Gerende v. Board of Supervisors, 341 U. S. 56; and Garner v. Board of Public Works, 341 U. S. 716, distinguished. Pp. 344 U. S. 188-191.
(b) The protection of the Due Process Clause extends to a public servant whose exclusion pursuant to a statue is patently arbitrary or discriminatory. Adler v. Board of Education, 342 U. S. 485, and United Public Workers v. Mitchell, 330 U. S. 75, distinguished. Pp. 344 U. S. 191-192.
Jurisdiction
The means by which appellant was compelled to abdicate the rightful exercise of her historic right to appeal constituted an excess of power by the court, and the jurisdiction of the court was thereby overreached. As a consequence thereof, a judgment was rendered (if the allegations of the [53 Cal. App. 2d 346] complaint be true, and we must as the trial court should, in passing upon a demurrer to a pleading, assume the verity thereof) with reference to the division of the community property that was of no force or effect, because the means adopted to compel plaintiff's acquiescence in that portion of the judgment affecting the disposition of the community property transgressed the fundamental right guaranteed every litigant in a court of justice to appeal from a judgment affecting his liberty or his property.
Sovereignty – Government Limitations
Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but, in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power.
For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life at the mere will of another seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life at the mere will of another seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
The Decree of a Sovereign Makes Law
Sovereignty means that the decree of the sovereign makes law, and foreign courts cannot condemn the influences persuading the sovereign to make the decree.
Scopes Monkey Trial
The people conduct government through their representatives
At the time when the Territory in question was obtained by cession from France, it contained no population fit to be associated together and admitted as a State, and it therefore was absolutely necessary to hold possession of it, as a Territory belonging to the United States, until it was settled and inhabited by a civilized community capable of self-government, and in a condition to be admitted on equal terms with the other States as a member of the Union. But, as we have before said, it was acquired by the General Government as the representative and trustee of the people of the United States, and it must therefore be held in that character for their common and equal benefit, for it was the people of the several States, acting through their agent and representative, the Federal Government, who in fact acquired the Territory in question, and the Government holds it for their common use until it shall be associated with the other States as a member of the Union.
Government is a trustee
But the principles of the common law, as opposed to trials without a jury, searches of houses and papers without oath or warrant, and all despotic invasions on private personal liberty, the customary usages to respect the laws of the land except where a great exigency may furnish sufficient excuse, should all limit this power, in many respects, in practice. 2 Stephens on Laws of England 602. The
Page 48 U. S. 86
more especially must it be restrained in civil strife, operating on our own people in masses and under our system of government in distributing authority between the States and the Union, as the great powers of war are intrusted to the latter alone, and the latter is also to recognize when that which amounts to a rebellion exists, and interfere to suppress it if necessary with the incidents to such interference.
Page 48 U. S. 86
more especially must it be restrained in civil strife, operating on our own people in masses and under our system of government in distributing authority between the States and the Union, as the great powers of war are intrusted to the latter alone, and the latter is also to recognize when that which amounts to a rebellion exists, and interfere to suppress it if necessary with the incidents to such interference.
The right to use force to prevent unlawful arrest
Even though the complaining witness, an officer, without right told the respondent he was under arrest, it was a question of fact for the jury whether or not the respondent attacked the officer before the latter made any physical attempt to make the arrest. If so, the respondent was not entitled to use any force whatsoever and he would be guilty. The requested instruction ignored this question of fact. It did not leave its determination to the jury. It presupposed the right of the respondent to use some force and that the only question of fact was whether the force actually used was reasonable. As the instruction did not require the jury to pass upon this issue of fact which could be determinative of the respondent's guilt it was properly refused and the exception to its refusal should be overruled.
Ignorance of the law is not excuse to violate it
Of course, ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.
Faretta Convass
Exception – judiciary act of 1789 not mentioned
Also didn’t mention corpus juries secundum – attorneys first duty is to the court, not to the client
Also violates 1st amendment of US Constitution and likewise New York State Constitution
Also didn’t mention corpus juries secundum – attorneys first duty is to the court, not to the client
Also violates 1st amendment of US Constitution and likewise New York State Constitution
