Habeas Corpus: Exhaustion of State Remedies: Denial of Certiorari by Supreme Court as Condition to Obtaining Original Writ in Federal District Court

1951 ◽  
Vol 49 (4) ◽  
pp. 611
Author(s):  
B. J. George
1935 ◽  
Vol 29 (3) ◽  
pp. 418-432
Author(s):  
Roy L. Miller

Although many of our states have exhibited unsettled political conditions in recent months, North Dakota has passed through a unique experience in having four different governors occupy the executive office in six and one-half months. Twice during this period, the supreme court of the state has been requested to determine the right of the governor to hold office, and in each instance it has elevated the lieutenant-governor to the office. The first occasion resulted from the conviction of Governor William Langer of a felony after a trial in the federal district court, and the second involved the constitutional qualifications of Governor Thomas H. Moodie, elected last November.


2018 ◽  
Vol 100 (2) ◽  
pp. 66-67
Author(s):  
Julie Underwood

Three cases decided in July 2018 address states’ responsibility to educate all children. Martinez v. State of New Mexico is the first case in that state to establish a state constitutional right to education. In Cruz-Guzman v. State of Minnesota, the state supreme court found that a court could rule on whether the segregation of schools by race and socioeconomic status violated the previously established right to education. In Gary B. v. Snyder, a federal district court dismissed the claim of a group of Michigan parents that schools’ failure to ensure students were literate represented a violation of their federal rights.


2020 ◽  
pp. 208-222
Author(s):  
Paul J. Magnarella

Attorney Paul Magnarella filed another petition with the Federal District Court asserting that during O’Neal’s 1970 trial, Jean Young, a key witness for the prosecution, had falsely claimed to have forgotten that she had received numerous payments from the FBI for information. Alcohol, Tobacco, and Firearms Agent James Moore lied on the witness stand when he said he had not heard of Jean Young receiving FBI payments for information. FBI records established that Jean M. Young had gone by at least seven different surnames, had been arrested three times by Kansas City, Missouri, police, had received a total of fourteen payments from the FBI for information, and had provided information to the FBI on Pete O’Neal. ATF agent Moore testified that he did not know of Young’s paid informant status, even though he later would write that both Young and an FBI agent had told him before the 1970 trial that Young was a paid informant. Magnarella argued that the prosecution was required to reveal to the judge, jury, and defense any evidence that reflects negatively on its witnesses. Failure to do so should result in a new trial.


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