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Stevens Vs. Marks
Cites for this judgment
- US Supreme Court
- Feb 28, 1966
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U.S. 234 (1966) U.S. Supreme Court Stevens v. MarksSearch
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U.S. 234 (1966) Stevens v. MarksSearch
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of contempt and sentenced. He appealed to a state appellate court, which dismissed the appeal in reliance on Regan v. NewSearch
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the waiver had been effectively withdrawn, petitioner's privilege against self-incrimination was available. Malloy v. HoganSearch
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requirement of Raley v. OhioSearch
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effectively withdrawn. In either Page 383 U. S. 239 event, his Fifth Amendment claim was valid under Malloy v. HoganSearch
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Application of Stevens, 234 F.Supp. 25. The Appellate Division dismissed the appeal, stating its belief that Regan v. NewSearch
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and once more he refused to answer, claiming his privilege which, as we have said, was available to him under Malloy v. HoganSearch
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writ of habeas corpus in the United States District Court. The court denied relief, indicating that it regarded Regan v. NewSearch
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York, supra, binding authority. United States ex rel. Stevens v. McCloskeySearch
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he might obtain a valid immunity from subsequent prosecution. Here lies the difference between this case and Regan v. NewSearch
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People v. LainoSearch
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contempt ruled that the waiver was valid, the Appellate Division considered that question irrelevant in light of Regan v. NewSearch
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Frost Trucking Co. v. RailroadSearch
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any testimony given by him during such an appearance may not thereafter be used against him. People v. SteudingSearch
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evidence ( People v. LainoSearch
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People v. RyanSearch
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about which the Court spoke in Counselman v. HitchcockSearch
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was necessary if the Page 383 U. S. 245 privilege were to be constitutionally supplanted. And see Albertson v. SubversiveSearch
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seen -- that no immunity provisions were applicable to his case. In this sense, the case is very close to Raley v. OhioSearch
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in language so vague and undefined as to afford no fair warning of what conduct might transgress them. Lanzetta v. NewSearch
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criminal penalties have, in the same fashion, judicially been denied the force of criminal sanctions. United States v. CardiffSearch
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Here there were more than commands simply vague or even contradictory. There was active misleading. Cf. Johnson v. UnitedSearch
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Together with No. 290, Stevens v. McCloskeySearch
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Regan v. NewSearch
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See Regan v. NewSearch
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was ever conferred and that immunity under the state constitution cannot now be relied on by New York because of Raley v. OhioSearch
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withdrawn. If New York did properly confer adequate immunity, and so offset the privilege, then, under Regan v. NewSearch
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should not be foreclosed on the remand, which, for reasons later indicated, I believe should take place here, People v. LainoSearch
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in Counselman v. HitchcockSearch
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In addition, this Court has recently extended the Fifth Amendment to the States, Malloy v. HoganSearch
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rule, Murphy v. WaterfrontSearch
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In any event, the question need not be reached if Raley v. OhioSearch
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ed.). See generally Murphy v. WaterfrontSearch
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U.S. Supreme Court Stevens v. MarksSearch
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of Raley v. OhioSearch
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Stevens v. McCloskeySearch
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and Regan v. NewSearch
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of Regan v. NewSearch
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People v. SteudingSearch
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Albertson v. SubversiveSearch
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Raley v. OhioSearch
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Lanzetta v. NewSearch
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Cf. Johnson v. UnitedSearch
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the States, Malloy v. HoganSearch
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Murphy v. WaterfrontSearch
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