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Killian Vs. United States

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  • US Supreme Court
  • Dec 11, 1961

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59 entries 59 unlinked
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  1. Killian v. United
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  2. States - 368 U.S. 231 (1961) U.S. Supreme Court Killian v. United
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  3. States, 368 U.S. 231 (1961) Killian v. United
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  4. Seventh Circuit originally affirmed, but, before the motion for rehearing was ruled, this Court's decision in Jencks v. United
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  5. the court granted the motion for rehearing, reversed the judgment and remanded the case for a new trial. United States v. Killian
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  6. to run concurrently. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed, United States v. Killian
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  7. that only the defense is in position to determine the precise uses that may be made of demanded documents, Jencks v. United
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  8. similar facts, we recently approved a holding that nonproduction of demanded documents was harmless error. Rosenberg v. United
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  9. Party. He was not charged with advocating or teaching the overthrow of the Government, as was the case in Yates v. United
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  10. knowing membership in an organization advocating the overthrow of the Government by force and violence, as in Scales v. United
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  11. States, 367 U. S. 203 , and Noto v. United
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  12. purports to make criminal either membership in or affiliation with the Communist Party, American Communications Ass'n v. Douds
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  13. h) was presented in Jencks v. United
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  14. h) have been held proper by every United States Court of Appeals that has passed upon the question. Fisher v. United
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  15. Lohman v. United
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  16. Travis v. United
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  17. h) have been consistently and uniformly approved, Hupman v. United
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  18. Fisher v. United
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  19. In Travis v. United
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  20. Travis v. United
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  21. the precedents. A far less complete and definitive instruction on affiliation was given by the trial court in Jencks v. United
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  22. note 13 paragraph two). The opinions of the Court of Appeals have uniformly approved that definition. In Bryson v. United
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  23. In Lohman v. United
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  24. and in Travis v. United
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  25. Party through membership in an organization that is affiliated with the Communist Party, American Communications Ass'n v. Douds
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  26. be directly affiliated with the Communist Party. See Mr. Justice Burton's separate concurring opinion in Jencks v. United
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  27. and Bryson v. United
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  28. In Fisher v. United
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  29. to belong to the Communist Party, and that the Communist Party recognized that it considered him as a member. Jencks v. United
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  30. Control Act of 1954, and emphasized the primary element of membership as suggested by Mr. Justice Burton in Jencks v. United
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  31. In Hupman v. United
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  32. Kettunen v. Reimer
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  33. F.2d 315 (C.A.2d Cir.), and Bridges v. Wixon
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  34. of almost universal condemnation that this Court, in American Communications Page 368 U. S. 260 Ass'n v. Douds
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  35. non-communist affidavit before the National Labor Relations Board could entertain petitions of a union. See Leedom v. International
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  36. I do not see how denial of this instruction was consistent with the Court's decision in Communications Ass'n v. Douds
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  37. Page 368 U. S. 265 espoused by the Communist Party may be wholly lawful. Such was the case in De Jonge v. Oregon
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  38. the acts to prove it were intrinsically innocent. The Court took that view in cases under the Smith Act. Scales v. United
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  39. In light of the Scales decision and the prior decision in Yates v. United
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  40. by resort to violence.' Noto v. United
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  41. Cf. Rowoldt v. Perfetto
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  42. U.S. Supreme Court Killian v. United
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  43. Jencks v. United
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  44. United States v. Killian
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  45. Rosenberg v. United
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  46. Yates v. United
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  47. Scales v. United
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  48. and Noto v. United
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  49. the Communist Party, American Communications Ass'n v. Douds
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  50. Hupman v. United
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