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Harris Vs. United States

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  • US Supreme Court
  • Dec 06, 1965

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  1. Hale Vs. Henkel US Supreme Court · Mar 12, 1906
  2. Burdeau Vs. Mcdowell US Supreme Court · Jun 01, 1921
  3. Harris v. United
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  4. States - 382 U.S. 162 (1965) U.S. Supreme Court Harris v. United
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  5. States, 382 U.S. 162 (1965) Harris v. United
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  6. a serious threat to orderly procedure, is punishable only after notice and hearing, as provided by Rule 42(b). Brown v. United
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  7. the opinion of the Court. This case brings back to us a question resolved by a closely divided Court in Brown v. United
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  8. Brown v. United
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  9. Cooke v. United
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  10. to orderly procedure that instant and summary punishment, as distinguished from due and deliberate procedures ( Cooke v. United
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  11. Ibid. We start from the premise long ago stated in Anderson v. Dunn
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  12. which, as Mr. Justice Brandeis said in Burdeau v. McDowell
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  13. by Rule 42(a) where instant action is necessary to protect the judicial institution itself. We overrule Brown v. United
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  14. Nye v. United
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  15. Cammer v. United
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  16. We have confirmed this on more than one occasion, e.g., Offutt v. United
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  17. Chief Justice Taft said in Cooke v. United
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  18. cited for testimonial contempt before the grand jury were given hearings under Rule 42(b). E.g., United States v. Castaldi
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  19. United States v. Tramunti
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  20. United States v. Shillitani
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  21. United States v. Pappadio
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  22. Rule 42(a) and Rule 42(b) of the Federal Rules of Criminal Procedure, was, as the Court says, resolved in Brown v. United
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  23. States was reaffirmed and followed in Levine v. United
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  24. the overruling of Brown are quite unlike those involved in the overruling that occurred in Swift & Co., Inc. v. Wickham
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  25. evidence, the proceeding would have been conducted upon notice and hearing in conformity with Rule 42(b). See Carlson v. United
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  26. Brown v. United
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  27. States, 359 U. S. 41 , and Levine v. United
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  28. Rogers v. United
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  29. Wilson v. United
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  30. United States v. Curcio
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  31. Lopiparo v. United
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  32. United States v. Weinberg
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  33. F.2d 394, 396 (C.A.2d Cir.). For the earlier practice at common law, see People ex rel. Phelps v. Fancher
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  34. Hackley v. Kelly
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  35. Heard v. Pierce
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  36. See note 5 of the Court's opinion supra, p. 167. United States v. Castaldi
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  37. United States v. Papadio
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  38. See Green v. United
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  39. Yates v. United
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  40. Nilva v. United
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  41. U.S. Supreme Court Harris v. United
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  42. Anderson v. Dunn
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  43. Nye v. United
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  44. Offutt v. United
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  45. E.g., United States v. Castaldi
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  46. Levine v. United
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  47. Swift & Co., Inc. v. Wickham
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  48. See Carlson v. United
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  49. and Levine v. United
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  50. Phelps v. Fancher
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