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CIVIL LIBERTIES DOCKET
Vol. VIII, No. 2
March, 1963
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (10-299)

MATERIAL ON U.S. SUPREME COURT

U.S. Supreme Court Review Issue: 22 Law in Trans. 187-244 (Winter 1963).

GENERAL CONSTITUTIONAL MATERIAL

Report: Comm. on the Bill of Rights of The Assn. of the Bar of the City of New York, 42 W. 44th St., NYC.

Books:

William M. Kunstler, The case for courage. 413 pp. Wm. Morrow & Co.

Milton Metzer, Milestones to American liberty: The foundations of the republic. 237 pp. Thomas Y. Crowell Co. 1962.

Herbert L. Packer, Excommunist witnesses: Four studies in fact finding. 247 pp. Stanford Univ. Press. 1962.

Dagobert D. Runes, Despotism: A pictorial history of tyranny. 269 pp. Philosophical Library Inc. 1963. $12.50.

Law commentary: Calif. Comm. on Law and Social Action, Vol I, No. 1 (Spring 1963) 64 pp. Am. Jewish Congress, 47 Kearny St., San Francisco.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)

11.3a. ACLU of S. Calif. v. Los Angeles and San Diego Bds. of Educ. (Calif. Sup. Ct.) Facts: VIII DOCKET 1. Feb. 28, 1963: Calif. Sup. Ct. upheld constitutionality of L.A. Bd. oath [that applicant for use of school property will not use it to commit any crime incl. Criminal Syndicalism Act]; held San Diego Bd. loyalty statement unconstitutional as repugnant to free speech guarantee of First Amendment.
11.7. State of Florida ex rel. Feldman and Ray, (Emma Lazarus Organization) v. City of Miami Beach. (3d Dist. Ct. of App.) Facts: VIII DOCKET 1. Ct. of App. affirmed denial of writ of mandate.
11.15. Fields v. City of Fairfield, Ala. (U.S.S.C., #566.) Oct. 1962: 2 leaders of Natl. States Rights Party enjoined from distributing handbills and holding meeting without mayor's permission, under city ordinances requiring permits. Issue: whether constitutionality of ex parte injunction can be tested by violating its terms. Ala. Sup. Ct. upheld verdict for city. Appeal filed Oct. 1962; pending.

Charles Morgan, Jr., Esq., Bank for Savings Bldg., Birmingham and Melvin L. Wulf, Esq., 156 Fifth Ave., NYC, for ACLU.
12. Of Motion Pictures (see also 52)
13. Of Peddlers
14. Of Books, Magazines (see also 52)

14.9. Massachusetts Attorney General v. A Book Named "Tropic of Cancer." (Mass. Sup. Jud. Ct.) Facts: VIII DOCKET 2. Cite: 184 NE 2d 328 (1962).
14.10. Haiman and Grove Press, Inc. v. Morris. (Ill. Sup. Ct.) Facts: VIII DOCKET 2. Ill. Sup. Ct. found no fairly debatable constitutional questions, transferred to Ill. App. Ct. for decision on whether book obscene. Pls.' petition for rehearing pending.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, intervenor for publisher and author.

Joel J. Sprayregen and Bernard Weisberg, Esqs., for Ill. Div., ACLU, 19 S. LaSalle St., Chicago.
14.12. Zeitlin v. Arneborgh. (Calif. Dist. Ct. of App., #26592.) Facts: VIII DOCKET 2. Dist. Ct. of App. affirmed dismissal.
14.14. Ronsley v. Stanczak. (Lake Co. Cir. Ct., Ill., #62-179.) Mar. 1962: Action to enjoin state's atty. from banning "Tropic of Cancer" by threats of prosecution. Ct. denied motion to dismiss, held citizen—not author, publisher or distributor—had standing to sue to protect his First Amendment right to read. Apr. 22, 1963: trial date.

Alexander Polikoff, Esq., 231 S. LaSalle St., and Barton Joseph, Esq., 134 N. LaSalle St., both of Chicago.
15. Of Miscellaneous Activities

15.4. Washington ex rel. Seattle v. Hon. McGovern, Muni. Ct. Judge. (King Co. Super. Ct., #590420.) 2 solicitors for "God's Little Candles" (anti-semitic organization to combat juvenile delinquency by spreading word of God) arrested; charge: soliciting funds without license in violation of Seattle ordinance. Muni. Ct. held ordinance unconstitutional for placing undue financial burden on exercise of freedom of religion. Nov. 2, 1962: Super. Ct. affirmed, declared ordinance invalid on its face because of undue discretion in hands of Comptroller in denying licenses. No appeal.

John Darrah, Esq., for ACLU of Washington, 2120 Smith Tower, Seattle.
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20. Administrative Restrictions
21. By U. S. Customs

21.4. Re John Schultz. (U.S. Customs.) Oct. 30, 1962: Pet. author re-entered U.S. from Mexico. Custom officials seized his unfinished, unpublished manuscript under authority of 1930 Tariff Act barring import of obscene or immoral material. After protest to Secy. of Treas. Dillon, mss. returned to author and Customs instructed border officials to refrain from such seizure of mss. in future.

ACLU protested for Schultz, 156 Fifth Ave., NYC.
22. By U. S. Postmaster
Law review article: Stanley Fleishman, obscenity and post office censorship, 22 Law in Trans. 222-30 (1963).
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281 and 342)

24.12. Washington ex rel. Richard G. Jones v. Bruno, Supt. of Pub. Inst. (Thurston Co. Super. Ct., #33202.) Facts: VIII DOCKET 2. Case settled on payment to Rel. for 2 yrs. (less money earned).
24.21. Egan v. Moore, Trs. of State Univ. of State of New York. (Albany Sup. Ct., #324-63.) Facts: VIII DOCKET 3.Appeal pending.

John H. Pennock, Esq., Albany, NY.
24.22. Helmkay v. Flint Bd. of Educ. (ED Mich., N. Div.; Flint #3.) Facts: VIII DOCKET 3. Mar. 8, 1963: DC dismissed suit, found no jurisdiction because no justiciable and substantial controversy.
24.24. Knight v. Tenn. Bd. of Educ. (MD Tenn., Nashville Div., #3129.) Facts: VIII DOCKET 3. Jan. 2, 1962: DC issued injunction.

Looby and Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
24.26. Ritter v. Matthews, Trs. (N. Texas State College.) (ED Tex., Sherman Div.) Aug. 30, 1962: Suit by Pl.-public school teacher against Def.-School Bd. testing discharge of Pl. for engaging in desegregation activities during nonwork time and off-campus, brought under 14th Amendment, 28 U.S.C. §1343(3) and (4), 42 U.S.C. §§1981, 1983. Case pending in ED after transfer from ND.

George Schatzki, and Albert Levy, Esqs., 1601 Natl. Bankers Life Bldg.; Marvin Menaker, Esq., Fidelity Union Life Bldg.; Herbert Landau, Esq., all of Dallas.
25. On Miscellaneous Activities

25.9. Shuttlesworth v. Connor. (ND Ala., #9751.) Facts: VIII DOCKET 3 contain error. Correction: CA 5 affirmed denial of injunction.

Rev. Fred L. Shuttlesworth, pro se, 3191 N. 29th Ave., Birmingham, Ala.

And see Worthy, 252.27a, Zemel, 252.35, MacEwen, 252.36.
30. Economic Restrictions
(see also 251, 261, 268, 281)
30.12. Allure Shoe Corp. & Local 885, Retail, Wholesale and Dept. Store Union AFL-CIO & Dopico & Garcia. (Miami.) (N.L.R.B. ##12-CA-1937, 1982, 2007, 2127, 2132.) Union, individual workers and Genl. Counsel charged Co. discharged workers for pro-union activity after spying on workers and their meetings. May 25, 1962: after hearing, Trial Examiner held Co. had engaged in unfair labor practices, ordered 6 workers reinstated, held 5 workers properly discharged because their union activity was not the cause of their discharge, but rather their pro-Castro attitude, testified to by Dade Co. detective in Criminal Intelligence Unit of Public Safety Dept. Aug. 31, 1962: N.L.R.B. affirmed. Pending in N.L.R.B. Enforcement Div.

Rowland Watts and Carl Rachlin, Esqs., c/o Workers Defense League, 112 E. 19th St., NYC for individuals.
40. Contempt
41. Of Federal Courts
42. Of State Courts

42.12. Re Dawley and Holt. (Cir. Ct., Hopewell, Va.) Two attys. moved judge to disqualify himself in integration case. Ct. found both guilty of contempt. Appeals pending.

David Klein, Albert Best, Ben Friedman, John Jackson, Jr., and Harold White, Esqs., all of Detroit, for Natl. Lawyers Guild Comm. to Assist Southern Lawyers, 3220 Cadillac Tower, Detroit.
43. Of Other Agencies
(see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.37. Mississippi v. Block. (Greenwood.) (Co. Ct.) 4 Negro businesses burned to ground one block from office of Student Nonviolent Coordinating Comm. Def.-SNCC field secy. arrested 2 days later; charge: making statements to incite breach of the peace by saying local racists meant to burn out SNCC. Bond: $1,000. Feb. 25, 1963: convicted; $500. and 6 mths. Appeal pending.
51.38. City of Groton v. Kirby. (Norwich Cir. Ct., Conn.) During demonstration against launching of Polaris submarine Nathan Hale, Def. walked into Elec. Boat Co. driveway carrying sign in attempt to block gate as company car approached; arrested. Charge: disturbing the peace, resisting arrest (by going limp when arrested). At jury trial, Def. represented himself. After prosecution rested, Ct. asked Def. to move for dismissal of both charges; Ct. granted motion. Another Def. pleaded guilty; $50. fine.
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52. Against Obscenity (see also 12, 14)

52.31. Bantam Books, Inc. v. Sullivan. (U.S.S.C., #118.) Facts: VIII DOCKET 5. Feb. 18, 1963: U.S.S.C. (8-1) reversed per Brennan, J.: "Herein lies the vice of the system. The Comm's. operation is a form of effective state regulation superimposed upon the State's criminal regulation of obscenity and making such regulation largely unnecessary. In thus obviating the need to employ criminal sanctions, the State has at the same time eliminated the safeguards of the criminal process. . . . We agree that the activities of the Commission are unconstitutional. . . . The procedures of the Comm. are radically deficient. . . . We hold that the system of informal censorship . . . violates the Fourteenth Amendment." Black, J. conc. in result; Douglas, J. conc.; Clark, J. conc. in result. Harlan, J. diss.
52.33. California v. Aday, et al. (Dist. Ct. of App.) Facts: VIII DOCKET 6. Nov. 29, 1962: D.C.A. ordered return of books seized, held search warrant invalid for failure to specify material to be seized, did not rule on obscenity.
52.37. Gerstein v. "Pleasure Was My Business". (3d Dist. Ct. of App., Fla.) Facts: VIII DOCKET 6. Dist. Ct. of App. affirmed finding that Def.-book is obscene.
52.42. California v. Shaver. (San Mateo Super. Ct., App. Dept.) Facts: VIII DOCKET 6. Dist. Atty. plans retrial; Def. moving for return of 700 books seized at arrest.
52.46. Maryland v. Yudkin. (Md. Ct. of App.) Facts: VIII DOCKET 6. Md. Ct. of App. reversed and remanded for new trial.

John Silard, Esq., 1625 K St. N.W., Washington, D.C.; Samuel B. Groner, Esq., 8248 Georgia Ave., Silver Springs, Md.

Amicus brief by ACLU and Md. CLU by Edward De Grazia, Esq., 159 Madison Ave., NYC; Edward L. Genn and Benjamin Brown, Esqs., 1107 Spring St., Silver Spring, Md.; Fred Weisgal, Eeq., Fidelity Bldg., Baltimore.
52.47. U.S. v. Humor Magazine, Excellent Publications, Deerfield Pub. Co., Wilmot Enterprises. (DC N.H., ##6584, 6601.) Facts: VIII DOCKET 6. Cases closed as to Humor Magazines and Excellent Pubs., pending as to Wilmot Enterprises.

Devine, Millimet, McDonough, Stahl & Branch, Esqs., 1838 Elm St., Manchester, N.H.; Sheehan, Phinney, Bass, Green & Bergevin, Esqs., 875 Elm St., Manchester, N.H.; N. R. Bassett, Esq., 157 Church St., New Haven, Conn.; Robert D. Branch, Esq., 136 N. Main St., Concord, N.H.
52.49. California v. McGilvery. (San Diego Muni. Ct., #M-11466.) Facts: VIII DOCKET 6. Trial completed.

John O'Laughlin, Esq., San Diego.
52.51. McCauley v. "Tropic of Cancer". (Wis. Sup. Ct., #122.) Facts: VIII DOCKET 6. Appeal pending.

Bartell & Panagis, Esqs., 3500 N. Sherman Blvd., Milwaukee.

Clarence G. Bylsma, Esq., 324 S. Hamilton St., Madison, appearing amicus.
52.53. Whitney v. San Francisco Municipal Court. (Calif. Sup. Ct., SF #21120.) 1960: Def.-theater ticket taker and others arrested after police said they viewed an immoral film in the theater. San Francisco Super. Ct. held for Def.: municipal obscenity ordinance invalid because superceded by Calif. act. Dec. 19, 1962: Calif. Sup. Ct. affirmed.

Kenneth C. Twerin, Esq., 625 Market St., San Francisco.
53. Against Defamation (see also 61)
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.3. Louisiana v. Diamond. (La. Sup. Ct.) Facts: VIII DOCKET 7. La. Sup. Ct. denied writ of certiorari.
55. Against Picketing and Demonstrating (see also 51, 123, 541, 542, 551, 552)
(Some cases involving picketing charges are reported under the subject matter of the protest for which the picketing was conducted, e.g., against discrimination in dining places, 552.)
55.20. Georgia v. Rev. Green. (Augusta.) (City Ct., Juvenile Ct.) Facts: VIII DOCKET 7. Defs. released; charges dropped.
55.21. California v. Peterson. (Calif. Sup. Ct.) Facts: VIII DOCKET 7. Conviction affirmed on appeal. Petition for cert. pending in Calif. Sup. Ct.
55.24. Scott v. District of Columbia. (U.S.S.C.) (184 A. 2d 849.) Facts: VIII DOCKET 7. Feb. 27, 1963: CA DC, en banc, denied allowance of appeal, Bazelon and Edgerton, J.J. diss. Issues: lack of evidence, statutory vagueness, use of breach of peace statute to regulate First Amdt. expression. Petition for cert. pending.
55.29. City of Cairo v. 12 Defs. (formerly listed as Illinois v. Peake.) (Cairo Muni. Ct., ##20420-20423.) Facts: VIII DOCKET 8. Cases continued pending Cir. Ct. decision on validity of Cairo ordinance 489-4.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago.
55.30. Missouri v. Kemp and Whitmore. (Charleston Muni. Ct.) Facts: VIII DOCKET 8. Defs. freed on $200 bond. Defs. discharged on appeal on motion of City Atty.
55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (SD Miss.) State arrested Defs. for obstructing sidewalk while picketing. Defs. petitioned DC to transfer cases alleging impossibility of integrationists receiving fair trial in Miss. state cts. due to racism pervading judicial system. Defs. petitioned DC Judge Cox to disqualify himself from hearing transfer petition; Judge Cox denied petition. Appeal pending in CA 5.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; William Kunstler, Esq., 511 5th Ave. and Clarence Jones, Esq., 165 Broadway, both of NYC.
56. Against "Corrupt Practices"
57. Against Vagrancy

57.5. Mississippi v. Rev. A. Jones. (Jackson.) (Hinds Co. Ct.) Sept. 1962: During prayer vigil at cthouse, Def.-minister (white) arrested. Def. applied for recall of bond from prior conviction (51.22, VII DOCKET 37). Ct. denied application. Def. sat-in ctroom overnite, after receiving permission.
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Def. then arrested; charge: vagrancy. Def. alleges he had $82.15 cash and credit cards; was confined in solitary in Negro cell block 8 days, denied use of telephone. Sept. 17, 1963: Ct. denied Def's. request for lawyer and to proceed in forma pauperis; bond set: $500., reduced to $300. When cashier's check for $300. did not result in release, Def. entered upon hunger strike. Sept. 26-Oct. 9, 1963: Def. held in state mental hospital for examination; then released without explanation.
57.6. Alabama v. Zellner. (Montgomery City Recorder's Court.) Jan. 8, 1963: Def.-white field secy. for SNCC arrested; told charge was conspiracy against State of Alabama; jailed; denied opportunity to call counsel. Warrant sworn out. Jan. 9: Def. tried; charge: vagrancy; convicted. Jan. 10: sentence: 30 days at hard labor. Appeal bond: $300. Def. rearrested immediately (see 57.7). Feb. 12: trial de novo on appeal: Ct. nol prossed charges on motion of City.
57.7. Alabama v. Zellner. (Montgomery.) (15th Jud. Cir., Ala., #948.) Jan. 10, 1963: Following release after conviction in 57.6, Def.-white SNCC field secretary rearrested under warrant charging payment of $85. under false pretenses (bad check). Jan. 10, 1963: at preliminary hearing, Co. Solicitor testified he had said he would recommend to Ct. that Def. be fined $100. and 30 days (suspended) in vagrancy case (57.6) and false pretenses case nolle prossed if Def. would leave Montgomery promptly "and cause us no trouble in regard to the race matters". Def. released under $500. bond. Def. filed suit to transfer case to fedl. DC. (57.8). Feb. 28, 1963: after trial, all-white jury out 5 hrs., could not reach verdict; Ct. declared mistrial.

Clifford J. Durr, Esq., 2 Felder Ave., Montgomery; Charles Morgan, Jr., Esq., Bank for Savings Bldg., Birmingham.
57.8. Zellner v. Thetford, Smith, Riggs, Lingo. (MD Ala.) Feb. 1963: Def. in 57.7 filed suit in DC under 42 U.S.C. §§ 1983, 1988, 1971, 28 U.S.C. §§ 1343(3), 1443, 2281, and FRCP Rule 65, for injunctive relief against Def.-Ala. state officials: (1) proceeding to trial in 57.7; (2) arresting Def. or keeping him under continual surveillance to effect an unlawful interference with Pl's. activities to assist Negroes to register and vote. Pending.

Charles Morgan, Jr., Esq., Bank for Savings Bldg., Birmingham.
58. Against Trespassing
(see also 541, 542, 551, 552)
58.1. California v. Poland and Cage. (U.S.S.C., #995 Misc.)*
58.3. Alabama v. Zellner. (Intermediate Ct., #3599.) Facts: VIII DOCKET 8. Appeal pending.

Orzell Billingsley, Jr., Esq., 1630 4th Ave. N, and Peter Hall, Esq., Masonic Temple Bldg., both of Birmingham.

And see 55.18, 63.2.
58.5. Maryland v. Defs. (Baltimore.) (City Ct.) Feb. 15, 1963: 26 Negro students (Morgan College) refused tickets at movie theater, trespass law read, arrested. Bail: $100. By Feb. 21: 413 Negroes and whites arrested (Goucher College, Johns Hopkins Univ., Natl. Alliance of Postal Employees) while picketing theater, police station, city hall. Charges: trespass, disorderly conduct. Bail: $600. Feb. 22: Theater agreed to integrate; Defs. released without bail; all charges dropped.
58.6. Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.) Jan. 1962: 14 Negro students (Ala. A. & M. College) arrested during sit-in at Walgreen's; charge: trespass. Convicted; 3 mths. and $100. fine each. One Def. also convicted of assault and battery. Cir. Ct. affirmed. Appeal pending.

NAACP Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.
59. Against Miscellaneous Criminal Activities
See cases at 123.
59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) (U.S.S.C.-Mallory.) Facts: VIII DOCKET 9. Mar. 14, 1963: Def.-Mallory released on $15,000. bail set by Ohio Sup. Ct. after 12 mths. in jail. Mar. 19: U.S.S.C. denied petition for certiorari and continuance of bond. DC refused to grant habeas corpus writ. Mar. 22: CA 6 granted 30-day stay of extradition.

Norman Leonard, Esq., amicus brief for Natl. Lawyers Guild, 38 Park Row, NYC.
59.29. California v. Gillespie. (San Bernardino Sup. Ct., App. Dept.) Facts: VIII DOCKET 9. Def. convicted in Muni. Ct. App. Dept. reversed, held ordinance does not apply.
59.30. California v. Crnovic. (San Bernardino Super. Ct., App. Dept.) Facts: VIII DOCKET 9. Def. convicted in Muni. Ct. App. Dept. reversed, held ordinance unconstitutional.
60. Civil Sanctions
61. Against Defamation

61.9. New York Times Co. v. Sullivan. (U.S.S.C., #606.) (144 So.2d 25.) Facts: VIII DOCKET 9. Jan. 7, 1963: U.S.S.C. granted certiorari.

Beddow, Embry and Beddow, Esqs., Massey Bldg., Birmingham; Charles S. Conley, Esq., 530 S. Union St., Montgomery; Vernon Z. Crawford, Esq., 578 Davis Ave., Mobile, Ala.
61.9b. Commr. Parks and Patterson v. The New York Times. (CA 5, #19112.) Facts: VIII DOCKET 10. Defs. petition for cert. pending in U.S.S.C.
62. By Injunction in Labor Disputes
63. By Injunction in Other Situations
And see cases at 204.
63.2. Alabama ex rel. Atty. Genl. Gallion v. Gray. (Talladega Co. Cir. Ct., #9760.) Facts: VIII DOCKET 10. Feb. 7, 1963: State moved to dismiss most out-of-state Defs., incl. 2 reporters; granted. Defs. filed amended answers alleging State entered case with "unclean hands" (see CIVIL RIGHTS HANDBOOK form at §4—16.) Feb. 19: hearings concluded. Decision awaited.
63.5. Kelley v. Page. (Albany.) (MD Ga., #727.) and

Anderson v. City of Albany. (MD Ga., #730.) and

Anderson v. City of Albany. (MD Ga., #731.) Facts: VIII DOCKET 10. Feb. 14, 1963: DC dismissed complaint in #730 on ground injunction suit not a proper class suit; appeal filed. Other 2 suits pending. Mar. 1963: City repealed all ordinances requiring segregation in city-owned facilities; library opened without seats.

And see cases at 51.34-51.36, 542.21-542.21f.
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63.6. Protomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.) (209 F. Supp. 559, 210 F. Supp. 419.) Facts: VIII DOCKET 10. Case pending in DC for trial on merits for permanent injunction.
64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Law review article: Edward Mosk, The "establishment clause" clarified, 22 Law in Trans. 231-37.
111. In Education
Fact sheet: Prayers and Bible reading in the public schools before the U.S. Supreme Court, Am. Jewish Comm., Inst. of Human Relations, 165 E. 56th St., NYC.
111.22. Murray v. Curlett, Baltimore School Bd. (U.S.S.C., #119.) Facts: VIII DOCKET 12. Feb. 27, 1963: argued.

Feb. 18, 1963: U.S.S.C. granted Synagogue Council of America leave to file amicus brief.
111.23. Polster v. Centennial Joint School Bd. (Bucks Co., Pa. Super. Ct., #M 1 (1962).) Facts: VIII DOCKET 12.

Samuel M. Snipes, Esq., Yardley, Pa.
112. In Public Places

112.25. Co. of Los Angeles and Bethlehem Star Parade Assn. v. Hollinger. (L.A. Super. Ct. #783826.) Nov. 14, 1962: Pls. filed mandamus to compel Def.-Co. Auditor to pay $3500. from special Co. fund (for promoting Co. as tourist spot) to film Pl.-Assn's. religious parade at Christmas. Super. Ct. granted Def's demurrer on ground appropriation void under U.S. and Calif. Constitutions (separation of church and state). Pl's. appeal pending in 2d App. Dist. Ct. of App.

Joel R. Bennett, Esq., 650 Hall of Administration, Los Angeles.

Amicus appearances by A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Richard Volpert, Esq., 433 S. Spring St., Demetrious and Del Guercio, Esqs., 512 S. Flower St., all of Los Angeles; Mitchel J. Ezer, Esq., 404 N. Roxbury Dr., Hillel Chodos, Esq., 141 El Camino, both of Beverly Hills; Langworthy and Peetris, Esqs., 6850 Van Nuys Blvd., Van Nuys, Calif.
120. Conscientious Objection to War
121. Through Application for C. O. Status

121.26.. Harshman v. U.S. (U.S.S.C., #515.) (307 F.2d 590, c.g. 371 U.S. 938.) Facts (incomplete): VIII DOCKET 12. Draft bd. denied Def. C.O. status because Def. worked in factory producing army uniforms and saw nothing immoral in manufacture of ammunition. At trial for refusing to submit to induction, DC held Def. not entitled to production of Justice Dept's. h'g. officer's report. Convicted; CA 1 affirmed. Dec. 17, 1962: U.S.S.C. granted certiorari.
121.27. U.S. v. Parker. (U.S.S.C., #516.) (307 F.2d 585.) Facts: VIII DOCKET 12. Dec. 17, 1962: U.S.S.C. granted cert. (371 U.S. 938.)
122. Through Refusal to Register
123. Through Civil Disobedience

123.23. U.S. v. Gormley. (SD Ia., #3-859.) Facts: VIII DOCKET 12.

Sidney C. Levine, Esq., 618 Empire Bldg., Des Moines, Ia.
123.26. Council v. Donovan, NYC Sup't. of Schools. (Kings Co. Sup. Ct., #3496/1963.) Pl.-teacher asked to be assigned to other duties to avoid having to lead pupils in air raid drill; permission granted. Pl. then dismissed. Suit filed under NYC Civ. Prac. Act, Art. 78 testing constitutionality of dismissal for this reason. Pending.

Benjamin Mazen, Esq., 300 Park Ave. S., NYC.

Amicus appearances by Irving Thau, Esq., 55 Liberty St., NYC, for Workers Defense League; Herman Adelstein, Esq., 277 Broadway, NYC, for Metropolitan Bd. of Conscientious Objectors; Alvin J. Bronstein, Esq., 26 Court St., Brooklyn, for War Resisters League; Nanette Dembitz, Esq., 156 Fifth Ave., NYC, for NY Civil Liberties Union.
130. Denial of Tax Exemption to Institutions
(see also 202, 266)
140. Sunday Closing Laws

140.30. Arlan's Department Store of Louisville, Inc. v. Kentucky. (U.S.S.C., #503.) (357 S.W.2d 708.) Owners of 3 retail stores prosecuted for employing persons in businesses on Sunday, in violation of Sunday closing law (Ky. R.S. §436.160.) Convicted; $20. and costs. Jewish Defs. alleged they came under exception in law for persons celebrating Sabbath on day other than Sun. Cir. Ct. dismissed prosecutions. Ky. Ct. of App. reversed judgments, upheld constitutionality of Act. Dec. 17, 1962: U.S.S.C. dismissed appeal for want of substantial fedl. question. Douglas, J., diss.
150. Miscellaneous Restrictions
151. In Prisons
And see cases at 304.
151.2. Pierce v. Warden LaVallee. (Dannemora.) (WD NY, #7813.) (293 F.2d 233.) Facts: VIII DOCKET 13. Appeal pending in CA 2.

Edward W. Jacko, Jr., Esq., 271 W. 125th St., NYC.
151.5. Bratcher v. McGinnis. (Attica State Prison.) (WD NY, #9398.) Suit filed by 5 Black Muslim inmates of prison alleging Def.-Warden banned their religious services, sent them to solitary confinement when they complained of segregation in prison sports and barbershop and when one described Muslim faith re Allah and Jesus Christ to another prisoner. Oct. 1962: 2 week trial. Decision reserved.

Jacob D. Hyman, Esq., 77 E. Eagle St., Buffalo.
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152. In Other Places

152.7. Oliver v. Udall. (U.S.S.C., #621.) (306 F.2d 819.) Navajo Tribal Council adopted ordinance prohibiting introduction or use of peyote on Navajo reservation; Secy. of Interior approved ordinance. Issue: constitutionality as applied against members of Native Am. Church whose ritual requires use of peyote. CA DC held for Def. Feb. 18, 1963: U.S.S.C. denied certiorari.

Sidney Dickstein, Esq., 1411 K St., NW, Washington, D.C. for ACLU.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)
203. As to N.L.R.B. Certification (see also 245, 291)

203.3. U.S. v. R. Dennis. (DC Colo.) (302 F.2d 5, 1962.)*

And see Mine-Mill, 212.1.
204. As to Continued Existence (see also 63, 213, 223)

204.1. Alabama ex rel. Gallion v. NAACP. (U.S.S.C.) Facts: VIII DOCKET 13-14. Ala. Sup. Ct. affirmed grant of permanent injunction by trial ct. Petition for cert. pending.

Robert L. Carter, Esq., 20 W. 40th St., NYC; Fred D. Gray, Esq., 34 N. Perry St., Montgomery, Ala.
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.)*

And see 204.4a.
204.4a. NAACP v. Button, Va. Atty. Genl. (U.S.S.C., #5.) Facts: VIII DOCKET 14. Jan. 14, 1963: U.S.S.C. reversed (5½-3½), per Brennan, J., held: (1) U.S.S.C. can review directly the final judgment of state ct. sought after DC abstained from decision pending state ct. interpretation of state statute; (2) NAACP, tho a corporation, may assert its own First Amendment rights and those of its members; (3) Chap. 33 as construed is unconstitutional; (4) "We hold that the activities of the NAACP, its affiliates and legal staff ... are modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit, under its power to regulate the legal profession, as improper solicitation of legal business violative of Chapter 33 and the canons of Professional Ethics." Opinion contains clear description of operation of NAACP legal staff, problems of civil rights attys., role of constitutional litigation. Douglas, J., conc. White, J. conc. and diss. Harlan, J. (Clark and Stewart, J. J.) diss.

And see HIGHLIGHTS.
204.18. Alabama ex rel. Gallion v. CORE. (Montgomery Cir. Ct.) Facts: VIII DOCKET 14. Pending.

Charles S. Conley, Esq., 530 So. Union St., Montgomery, Ala.

And see 204.18a.
204.18a. CORE v. Gallion and Alabama. (MD Ala., #1781-N.) Facts: VIII DOCKET 14.

Charles S. Conley, Esq., 530 So. Union St., Montgomery, Ala.

And see 204.18.
210. Compulsory Registration
211. Under 1950 Internal Security Act

211.1a. U.S. v. Communist Party. (CA DC.) Facts: VIII DOCKET 15. Dec. 1962: Def. organization convicted after jury trial; $10,000 fine on each of 12 counts. Appeal pending.
211.1d-.1m. Alberston, Friedlander, Johnson, Patterson, Tormey, Weinstock, Healey, Lima, Nelson, Proctor, Lightfoot, Davis, Kushner, Hall v. S.A.C.B. (CA DC.) Facts: VIII DOCKET 15. S.A.C.B. issued registration orders after hearings in all cases. Appeals pending in CA.
211.6. Kennedy v. Washington Pension Union. (S.A.C.B., #114-55.) Facts: VIII DOCKET 15. Pending.

Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.
211.14. United May Day Comm. v. S.A.C.B. (CA DC.) Facts: VIII DOCKET 16. Pending.

Reuben Terris, Esq., 154 Nassau, NYC.
211.15. Kennedy v. Advance. (S.A.C.B.) Jan. 11, 1963: Atty. Genl. filed proceeding before S.A.C.B. to declare youth organization, Advance, a Communist-front organization required to register under 1950 Internal Security Act. Resp. answered, denying charges. Pending.

Betty G. Olenick, Esq., 211 E. 18th St., NYC.
212. Under 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) (CA DC., #17,135.) Facts: VIII DOCKET 16. Hearings by S.A.C.B. on Def's. petition for determination it is "no longer Communist infiltrated" concluded; decision awaited.

And see R. Dennis, 203.3.
213. Under State Laws (see also 204)
220. Listing
221. By the Attorney General of the United States
222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler (U.S.S.C., #493.) Facts: VIII DOCKET 16. Issues before U.S.S.C. in addition to question of fed'l. jurisdiction: 1) Can HUAC Chairman delegate subpoena power to Comm. investigator (Def.), and, if so, is investigator liable for illegal and malicious issuance of subpoena; 2) is investigator liable even if he has authority to issue subpoena, as CA 9 held? Pending.
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223. By State Authorities (see also 24, 281)
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership

242.2. Petition of Scales (Pres. John Kennedy.) Facts: VIII DOCKET 17. Pres. Kennedy granted clemency petition; Def. released.
243. Under 18 U.S.C. 2384
244. Under Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (See also 203, 291)

244.1. U.S. v. Brown. (CA 9.) Facts: VIII DOCKET 17. Mar. 4, 1963: heard and submitted.
245. Under State Laws (see also 54)
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.52. Garrott v. U.S. (U.S. Ct. of Claims, #19-63.) Facts: VIII DOCKET 17. Issues: denial of hearing; validity of 5 U.S.C. §2283(b)(1) as applied retroactively; punishment without judicial trial. Pending.

See cases at 30.5, 30.6.
252. As to Passport Applications and Right to Travel

252.33. Elizabeth Gurley Flynn v. Secy. of State Rusk. (DC DC, #3478-62.) Facts: VIII DOCKET 18. Nov. 6, 1962: Pl. sued to enjoin revocation of passport under 50 U.S.C. §785 (6), testing constitutionality of McCarran Act provision making unlawful the use of passports by Communist Party members. Pending.

John J. Abt, Esq., 320 Broadway, NYC; Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.
252.34. Aptheker v. Secy. of State Rusk. (DC DC, #3886-62.) Dec. 14, 1962: injunction action field, similar to 252.33 in facts, status, counsel.
252.35. Zemel v. Rusk and Kennedy. (DC Conn., #9549.) 1963: Suit filed challenging validity of purported regulations of Secy. of State prohibiting travel to Cuba without endorsement by Secy. Issues: constitutionality of regulations; statutory authority therefor. Pending.

Rabinowitz and Boudin, Esqs., 30 E. 42nd St., NYC; Gruber and Turkel, Esqs., 322 Main St., Stamford, Conn.
252.36. MacEwan v. Rusk and Kennedy. (ED Pa., #33038.) Feb. 27, 1963: Pl.-Prof. denied passport validation for travel to Cuba. Injunction suit filed, similar to 252.35. Pending.

Rabinowitz and Boudin, Esqs., 30 E. 42nd St., NYC; A. Harry Leviton, Esq., Fox Bldg., Market St. at 16th, Philadelphia.
252.53. U.S. v. Stallings, Lazar, Yoes. Facts: VIII DOCKET 18. No appeals taken; Defs. served sentences.

And see Pauling, 490.4a.
253. As to Army Discharges (see also 341)
254. As to Veterans Disability Payments
255. As to Social Security Benefits (see also 263, 346)
See Heikkila, 258.51.
256. In Housing Projects
257. As to Federal License Applications
258. Through Deportation Proceedings (see also 358)

258.4. In re Bonetti. (Imm. Serv.) (356 U.S. 691 (1958).) 1932-36: Pet.-alien held membership in the Communist Party. 1937: Pet. joined Abraham Lincoln Brigade. 1938: Imm. Serv. unsuccessful in preventing Pet's re-entry into U.S. as quota immigrant. 1951: Serv. instituted deportation proceedings against Pet. 1958: U.S.S.C. reversed deportation order. 1959: Pet. applied for naturalization. 1959-62: repeated hearings before Imm. Serv. 1962: Pet. filed mandamus petition; DC ordered Serv. to decide within 90 days whether or not to recommend Pet. for citizenship. Aug. 9, 1962: Serv. did recommend naturalization.

Marshall Krause and Ernest Besig, Esqs., ACLU of N. Calif., 503 Market St., San Francisco.
258.9. Gastelum-Quinones v. Kennedy (U.S.S.C., ##39, 293.) Facts: VIII DOCKET 18. Mar. 19, 1963: argued; decision awaited.
258.12. Scythes v. Webb. (CA 7, #13580.) Facts: VIII DOCKET 19. Cite: 307 F.2d 905 (1962).
259. Through Denaturalization and Naturalization Proceedings (see also 358)
260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment
262. In Teaching (see also 24, 267, 281 and 342)
263. As to State Unemployment Insurance Benefits (see also 255, 346)
264. As to State License Applications
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)
266. Through Deprivation of Right to Tax Exemption (see also 130, 202)
267. In Private Employment—Teaching (see also 24, 262, 281 and 342)
268. In Private Employment — Defense Establishments (see also 344)

268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Sup. Ct.) Facts: VIII DOCKET 20. Calif. Sup. Ct. denied petition for cert.
268.19. Colman v. Richmond. (SD NY.) Dec. 1962: suit field against Coast Guard for denial of security clearance to merchant seaman solely for past membership in Socialist Workers Party. Pending.

Martin Garbus, Esq., 50 W. 8th St. and Melvin L. Wulf, Esq., 156 Fifth Ave., both of NYC, for ACLU.
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269. In Private Employment — Other
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Pamphlet: E.C.L.C., HUAC '62 Rights, Jan.-Feb. 1963. 421 7th Ave., NYC.
271.16. U.S. v. Whitman. (DC DC.) Facts: VIII DOCKET 20. Jan. 5, 1963: DC denied Def's. motion to dismiss indictment: for failure to state authority; for lack of authorization by Sen. Judiciary Comm.; for violation of freedom of press, First Amendment. Trial date: May 6, 1963.

For ACLU: Lawrence Speiser, Esq., 1101 Vermont Ave. NW, David Falk, Esq., Union Trust Bldg., Gerhard Van Arkel, Esq., 1730 K St., all of Washington, D.C.; Nanette Dembitz, Esq., 156 Fifth Ave., NYC.
271.27. U.S. v. Hartman. (ND Calif., S. Div.) (370 U.S. 724 (1962).) 1957: 2 days after U.S.S.C. decision in Watkins, 271.14 (354 U.S. 178), Def.-radio commentator declined to answer questions before HUAC under First Amendment. Jy. 1959: convicted of contempt after trial without jury; 6 mths. sentence. CA 9 affirmed. June 25, 1962: U.S.S.C. reversed per curiam (5-2) for faulty indictment, citing Russell, 271.9 (369 U.S. 749). Jan. 1963: Def. reindicted. Pending.

Marshall Krause, Albert M. Bendich, Hartly Fleischmann and Laurent Frantz, Esqs., for ACLU of N. Calif., 503 Market St., San Francisco.
271.47. U.S. v. Tobin. (U.S.S.C.) Facts: VIII DOCKET 21. Cite for cert. denied: 371 U.S. 902.
271.48. U.S. v. Cuesta. (U.S. Territorial Ct., Puerto Rico, ##100-61 to 111-61.) Facts: VIII DOCKET 21.

A. Díaz Gonzalez, Lino Saldaña, Santos P. Amadeo, Gerardo Ortiz del Rivero, C. H. Julia, Antonio Amadeo Murga, Felix Bello, Juan Mari Bras, and E. Belen Trujillo, Esqs., San Juan, P.R.
272. Before State Committees (see also 204, 213, 332)

272.4a. In Matter of Investigation by Comm. on Offenses Against Administration of Justice. (Va. Sup. Ct. of App.) Facts: VIII DOCKET 22. Petition for writ of error granted; pending.
272.10. Rev. Gibson v. Florida Legislative Investigation Comm. (U.S.S.C., #6.)*
272.12. Jordan v. Hutcheson. (CA 4.) Facts: VIII DOCKET 22. Appeal pending.

Melvin L. Wulf, Esq., ACLU, 156 Fifth Ave., NYC; Shirley Fingerhood and Sanford Katz, Esqs., Comm. To Assist Southern Lawyers, Natl. Lawyers Guild, 38 Park Row, NYC.
273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records
280. Civil Penalties for Non-disclosure
281. By Teachers (see also 24, 223, 262, 342)

281.12. Collins v. Huntington Beach Union High School Dist., Calif. (U.S.S.C., #503 Misc.) Facts: VIII DOCKET 22. Cite for cert denied: 371 U.S. 904 (1962).
281.17. In re Patrick Hancock. (Calif. Bd. of Educ.) Facts: VIII DOCKET 23. Feb. 14, 1963: Calif. Bd of Educ. reversed h'g. officer, granted credential, withdrew use of questionnaire.
282. By Others (see also 343, 344)
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires

292.2. Ogden v. U.S. (CA 9.) Facts: VIII DOCKET 23. DC denied motion for new trial. Appeal pending.
293. In Miscellaneous Cases

293.2. Hucks v. U.S. (U.S.S.C., #79, Misc.) Facts: VIII DOCKET 23. Cite for cert. denied: 371 U.S. 835 (1962).
295. Right of Privacy

295.4. Hall v. Graybill. (Los Angeles Co. Super. Ct.) Facts: VIII DOCKET 23. Correction: Action based on invasion of right of privacy, not under Calif. Pen. Code §11105. Awaiting trial.
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) 300-499)

Books:

Wm. Scott Stewart, Case finder. Federal criminal law. 188 pp. McCormick and Henderson, Inc., 650 W. Washington, Chicago, 1962. $10.

Judge Jerome Frank and Barbara Frank, Not guilty. Popular Library, NY, 1962. 50c.

John Chandos, Ed., To deprave and corrupt. 207 pp. Association Press. $3.75.

300. Searches and Seizures
301. By Wiretapping

301.22. Dinan v. New York. (U.S.S.C.) Facts: VIII DOCKET 24. Cite for cert. denied: 371 U.S. 877 (1962).

Richard J. Burke, Esq., 60 Wall St., NYC.
302. In Other Federal Criminal Cases
303. In Other State Criminal Cases

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303.28. Massachusetts v. Dorius. (Mass. Sup. Jud. Ct.) (180 NE. 2d 673, 1962.) In Def's. absence, Police Bureau of Pornography entered Def's. apartment, with warrant, searched and seized property. Def. arrested, charged with possession of obscene matter for purpose of exhibition, loan and circulation under Mass. Genl. Laws c. 272, §28A. Trial Ct. denied Def's. motion to suppress on ground warrant unconstitutionally broad and no probable cause shown for its issuance. Convicted. Feb. 1962: Sup. Jud. Ct. dismissed appeal. Mar. 1963: reported back to Sup. Jud. Ct.; pending.

William P. Homans, Jr., Esq., 53 State St., Boston.
303.39. Schaffer v. Delaware; Chalmers v. Delaware. (Dela. Sup. Ct.) (184 A. 2d 689.) Facts: VIII DOCKET 25.

David Snellenburg, II, Esq., Bank of Delaware Bldg., Wilmington, Dela.
303.40. Washington v. Michaels. (Wash. Sup. Ct.) (374 P. 2d 989.) Facts: VIII DOCKET 25. Jan. 23, 1963: Wash. Sup. Ct. filed supplemental judgment against the State for $320.32 costs.

Maurice Kadish, Esq., 1607 Smith Tower, Seattle.
303.41. Hawaii v. Evans. (Haw. Sup. Ct., #4219; Cir. Ct. #31483 Cr.) Facts: VIII DOCKET 25. After Haw. Sup. Ct. reversed and remanded, Pros. moved for order of nolle prosequi, entered Aug. 8, 1962.

Edward Berman, Esq., 322 Merchandise Mart Bldg., Honolulu, Hawaii.
303.43. New York v. Randazzo. (NY Sup. Ct., 1st Jud. Dist.) Police without warrant searched home of Def.-parolee; arrested; charge: narcotics violation. At trial, Def. moved to suppress 31 ounces of heroin found in search. D.A. argued parolee was legally in custody of warden of prison from which he was paroled and search of his home like search of his cell. Pending.

Jesse Zaslav, Esq., 217 Broadway, NYC.
303.44. Head v. Mississippi. (U.S.S.C., #144.) Def.-passengers convicted of possession of burglary tools found in car owned and driven by third party, whose conviction was later reversed on ground that search was incidental to illegal arrest and unlawful as to him. Miss. Sup. Ct. affirmed, held passengers lacked standing to challenge validity of search even though they exercised neither possession nor control over auto. Nov. 19, 1962: U.S.S.C. denied certiorari.

Douglas C. Stone, Esq., Columbus, Mississippi.
304. Suits for False Arrest, Police Brutality (see also 580 and 151)
[All cases in this category were formerly reported at 420.]
304.2. Hallowell v. N.Y.C. (NYC Comptroller, #155363.) Facts: VIII DOCKET 25. Pending.

Winston Hilbert, Esq., 420 Kosciusko St., Brooklyn.
304.6. Monroe v. Pape and City of Chicago. (ND Ill., E. Div., #596329.) (365 U.S. 167.) Facts: VIII DOCKET 26. Dec. 1962: jury trial; verdict for Pl., $13,000. damages.
304.15. Dahlgren v. Clary. (Ventura Co. Super. Ct.) Corrected statement of facts: Damage suit against Def.-police officers who forcibly extracted blood from arm of Pl., against Pl's. will and without his consent. After trial, judgment for Pl.; awarded $500. damages.

John R. Danch, Esq., Ventura, Calif.

Stephen Rinehart, Esq., 3540 Wilshire Blvd., Los Angeles, for ACLU.
304.16. Lucero v. Donovan, Carnover. (SD Calif.) (300 F. 2d 441.) Facts: VIII DOCKET 27. Pending.

A. L. Wirin, Hillel Chodos, Sheldon Bardack, Esqs., for S. Calif. ACLU, 323 W. Fifth St., Los Angeles.
304.20. Horn v. Baillie, Greenwood and U.S. Fid. & Guar. Co. (CA 9, #5319.) Facts: VIII DOCKET 27. Retrial date: May 8, 1963.

Stuart Nielson and Maurice Kadish, Esqs., 1807 Smith Tower, Seattle.
304.21. Ware v. Johnson. (MD Ga., Albany Div., #749.) 1962: Pl.-Negro alleges Def.-sheriff shot him in process of arrest. Jan. 1963: Pl. sued for damages under 42 U.S.C. §§1981, 1983. Mar. 26: pretrial.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; C. B. King, Esq., 220 S. Jackson St., Albany, Ga.
304.22. Brazier v. Cherry. (MD Ga., Americus Div., #475.) (293 F.2d 401, CA 5 1961.) Suit against police chief and officers and sheriff by Pl.-administratrix of Negro allegedly illegally arrested, treated with unnecessary violence during detention, illegally removed from jail and beaten to death, for damages under 42 U.S.C. §1983. DC dismissed. CA reversed, held cause of action stated. Feb. 4-8, 1963: jury trial; verdict for Defs. Motion for new trial pending.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; C. B. King, Esq., 220 S. Jackson St., Albany.
304.23. U.S. v. Short. (MD Ga., Americus Div.) Summer, 1962: Def. deputy marshall of Sasser, Ga. (Terrell Co.) allegedly ran 3 SNCC voter-registration workers out of town at gun-point. Jan. 1963: U.S. Justice Dept. filed suit under 42 U.S.C. §1983. Jan.: trial before all-white jury; 33 min. deliberation; verdict for Def.

U.S. Atty.
304.24. Harkins and Frankfort v. NYC. (Brooklyn Sup. Ct.) Nov. 24, 1962: 3 youths arrested after leaving a dance, taken to police station and charged with disorderly conduct, felonious assault on policeman, resisting arrest. Mar. 6, 1963: 3 youths tried in Adolescent Ct. for simple assault and resisting arrest. 2 filed suits for damages alleging off-duty patrolman assaulted them at station, causing injury to eye. Pending.

Joseph Goldberg, Esq., 165 Broadway, NYC.
304.25. California v. Imbler; In re Imbler. (Calif. Sup. Ct., ##6999, 7212 Cr.) 1961: Def. convicted of murder; Calif. Sup. Ct. affirmed on automatic appeal. Sept. 1962: Sup. Ct. stayed execution pending hearing on habeas corpus writ alleging new evidence of perjured testimony given at trial. Nov. 14, 1962: Calif. Sup. Ct. ordered hearing before referee on new evidence, with reference back to Sup. Ct. in bank (an unusual procedure). Referee hearing concluded; pending.

Gregory S. Stout, Esq., 220 Bush St., San Francisco; Jules C. Goldstone, Esq., 8840 Olympic Blvd., Albert C. Garber, Esq., 608 S. Hill, Warren L. Egginger, Esq., 610 S. Broadway and Richard Buckley, Esq., Public Defender's Office, Hall of Justice, all of Los Angeles; Charles Hollopeter, Esq., 234 E. Colorado, Pasadena Ct.-appointed counsel.
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310. Indictment
311. Challenge to Composition of Grand Jury (see also 510s)
312. Attacks on Character of Evidence

312.26. New York v. Molina del Rio. (NY Ct. of App.) Facts: VIII DOCKET 27. App. Div. affirmed. Mar. 7, 1963: NY Ct. of App. granted leave to appeal.
313. Charge of Entrapment
See Kai Gay, 358.a.
314. Charge of Conspiracy
See Independent Productions, 30.1; R. Dennis, 203.3; Sobell, 355.4; Grove Press, 14.10a.
315. Inspection of Pre-Trial Statements of Government Witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)
316. Inspection of Grand Jury Minutes
320. Double Jeopardy
321. In Federal Cases
322. In State Cases
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
331. Before Congressional Committees

331.10. Presser v. U.S. (U.S.S.C.) Facts: VIII DOCKET 28. Cite: 371 U.S. 71 (1962).
332. Before State Committees
333. Before Grand Juries and Tribunals
334. Grants of Immunity: Federal

334.7. Shotwell Mfg. Co. v. U.S. (U.S.S.C., #16.) (225 F.2d 394, vac. and remanded 355 U.S. 233; 287 F.2d 667.) 1945: Treasury Dept. proclaimed a "voluntary disclosure policy" for tax evaders who disclose before tax investigation begins. Def.-Co. and officers confessed to failure to report Co. income. U.S. refused promised immunity, indicted Defs. DC denied Defs.' motion to dismiss, held Dept. without authority to promise immunity therefore U.S. not bound thereby. Defs. moved to suppress confessions because their use would violate Fifth Amendment prohibition against self-incrimination since they were obtained by promise of immunity. DC denied motion; CA reversed because based partly on confessions. U.S.S.C. vacated and remanded to DC on Gov't's. motion re new evidence. DC found Defs.' disclosures not in good faith, but also Gov't. witness contradicted chief Gov't. trial witness; affirmed; CA affirmed. Jan. 14, 1963: U.S.S.C. (6-3) affirmed, per Harlan, J. Black, J. (Warren, C.J., Douglas, J.) diss.: (1) confessions should have been suppressed because induced by promised immunity; (2) truth or falsity of confessions not relevant to admissibility; (3) tainted evidence should lead to new jury trial, citing Mesarosh, 241.2, 352 U.S. 1 (1956).

George B. Christenson and William T. Kirby, Esqs., Chicago.
335. Grants of Immunity: State

335.10. Main v. Florida. (Dist. Ct. of App. 3d Dist.) Facts: VIII DOCKET 28. Ct. of App. affirmed.
336. Criminal Registration Laws
And see 1950 Internal Security Act, 211.
337. Miscellaneous
340. Self-incrimination: Civil Sanctions for Exercising Privilege (see also 280)
341. Effect on Army Discharges (see also 253)
342. Effect on Employment — Public School Teachers (see also 262, 267, 281)

342.4a. Mass v. San Francisco Bd. of Educ. (San Fran. Super. Ct.) Facts: VIII DOCKET 29. Appeals by both parties pending.
343. Effect on Employment—Other Public Officers (see also 261)
344. Effect on Employment — Private (see also 30, 268, 269)
345. Effect on Attorneys (see also 265, 373)
346. Effect on Unemployment Insurance and Social Security (see also 263)
And see Heikkila, 358.51.
350. Due Process
351. In Arraignment (Delay)
352. In Grand Jury Procedures (see also 311, 316)
353. In Obtaining Confessions

353.20. Pate v. Oklahoma. (U.S.S.C.) (361 P.2d 1086, 1961; 371 P.2d 500, 1962.) Facts: VIII DOCKET 29. 1962: Okla. Ct. of Crim. App. denied petition for habeas corpus writ. Petition for cert. pending in U.S.S.C.
353.21. Ralph v. Pepersack, Warden. (DC Md., #13696.) (203 F.Supp. 752.) Def. convicted in trial at which state Ct. admitted confession allegedly given fedl. officers, Def. charged unreasonable search and seizure, invalid confession. DC denied petition for habeas corpus writ, held in abeyance pending exhaustion of state remedies. State procedures exhausted; petition for writ again pending in DC.

Edward L. Genn, Esq., Colorado Bldg. and Lawrence Speiser, Esq., ACLU, 1101 Vermont Ave. NW, both of Washington, D.C.
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354. In Press Releases and Newspaper Coverage
355. In Admitting Perjured Testimony (see also 312)
356. In Courts Martial (see also 390)

356.14. Anderson v. Col. Allard. (DC Ida., #3829-S.) Facts: VIII DOCKET 30. Rel. released by state authorities. Jan. 30, 1963: after habeas corpus hearing, Def. released Rel.; petition for writ dismissed.

Robert F. McLaughlin, Esq., Mt. Home, Idaho and Wm. Keeton, Esq., 2106 Warm Springs Ave., Boise, Idaho.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)

358.8. Kennedy v. Mendoza-Martinez. (U.S.S.C., #2.)

and
358.17. Rusk v. Cort. (U.S.S.C., #3.) Facts: VIII DOCKET 30. Feb. 18, 1963: U.S.S.C. (5-4) affirmed CA decisions in both cases, per Goldberg. J.: (1) 3-judge ct. not necessary in #2 because injunctive relief not requested; (2) Issue: "Whether the statutes here, which automatically—without prior court or administrative proceedings—forfeit citizenship, are essentially penal in character, and consequently have deprived the appellees of their citizenship without due process of law and without according them the rights guaranteed by the Fifth and Sixth Amendments, including notice, confrontation, compulsory process for obtaining witnesses, trial by jury, and assistance of counsel." (3) "We ho'd §§401(j) and 349(a)(10) [8 U.S.C. §1481(a)(10)] invalid because in them Congress has plainly employed the sanction of deprivation of nationality as a punishment—for the offense of leaving or remaining outside the country to evade military service—without affording the procedural safeguards guaranteed by the Fifth and Sixth Amendments."; (4) legislative history indicates conclusively that provisions "can only be interpreted as punitive." Douglas and Black, J. J. joined opinion, adhere to diss. in Perez v. Brownell, 356 U.S. 44. Brennan, J. conc. Harlan, J. (Clark, J.) diss. Stewart, J. (White, J.) diss.
358.22. Woo Tai King v. Holton, Dist. Dir. (ND Calif., S. Div., #40827.) Facts: VIII DOCKET 31. Def. agreed to return certificate of citizenship, cancel order rescinding it. Case dismissed as moot. New Regulations provide for cross-examination. Fed. Reg. 1-9-63, pp. 209-10.
358.23. Schneider v. Rusk. (U.S.S.C., #251.) (283 F.2d 368.) Facts: VIII DOCKET 31. Feb. 18, 1963: U.S.S.C., per curiam, vacated because trial should have been before a 3-judge DC under 28 U.S.C. §§2282, 2284 as Pet. requested because complaint expicitly sought injunction restraining enforcement of Act of Congress, i.e. 8 U.S.C. §1484(a)(1), remanded.

Milton V. Freeman, Werner J. Kronstein, Robert K. Herstein, Esqs., Arnold, Fortas & Porter, 1219 19th St., N.W., Washington, D.C. Chas. A. Reich, Yale Law School.
358.24. Ting v. Immigration Service. (ED Pa., #32424.) 1960: Pet.-Formosan entered U.S. on 1-yr. student visa. 1962: Def.-Serv. ordered Pet. deported. Pet. filed petition in DC alleging he would be physically harmed if returned to Formosa, due to activity in United Formosans for Independence for Formosa, critical of Kai-shek's regime. Nov. 30, 1962: DC stayed deportation, remanded to Serv. to permit Pet. to designate country of deportation.

George Gershenfeld, Esq., 2032 Land Title Bldg., Philadelphia.
358.51. Heikkila v. Barber. (ND Calif., S. Div.) Facts: VIII DOCKET 31. Soc. Sec. Bd. denied lump sum benefit. Petition for review pending in DC.
358.59. Marks v. Esperdy. (CA 2.)*
358.60. Marcello v. Kennedy. (U.S.S.C.) Facts: VIII DOCKET 31. Dec. 18, 1962: CA DC affirmed. Petition for cert. pending.
358.a. U.S. v. Dear Kai Gay. (CA 9.) Facts: VIII DOCKET 31. CA 9 affirmed conviction, held sentence (5 yrs. probation on condition Def. voluntarily leave U.S.) equivalent to banishment, unconstitutional as cruel and unusual punishment or denial of due process; remanded for resentence.
359. In Loyalty Hearings (see also 251 and 268)
360. Speedy and Public Trial
370. Right to Counsel
371. In Federal Cases
372. In State Cases

372.19. Gideon v. Wainwright. (formerly v. Cochran.) U.S.S.C., #155.) (135 So.2d 746.) Facts: VIII DOCKET 32. Mar. 18, 1963: U.S.S.C. reversed, per Black, J.: Betts v. Brady, 316 U.S. 455, overruled; right to counsel is one of fundamental rights in Bill of Rights made obligatory on the states by the Fourteenth Amendment; ". . . in our adversary system of criminal justice, any person hailed into ct., who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." Douglas, J. conc.; Clark, J. conc. in result; Harlan, J., conc.

And see HIGHLIGHTS.
372.21. New York v. Coe. (Oneida Co. Ct., #113608.) Facts: VIII DOCKET 32. Appeal pending.

Ct.-appointed counsel: Francis P. Finnegan, Esq., 502 Bleecker St., Utica.

And see cases at 452.
372.22. Alabama v. Sanders. (10th Jud. Cir. Ct., Jefferson Co.) Facts: VIII DOCKET 32. Def. pleaded guilty; sentenced to years in jail.
372.23. Hazel v. Pepersack, Warden. (MD Md., #13781; Balt. City Sup. Bench.) (206 F.Supp. 142, 1962.) Def. convicted in state ct.; death sentence. Ct. denied motion for new trial because of lack of diligence of defense counsel prior to trial. May 7, 1962: DC denied petition for habeas corpus writ, held in abeyance pending exhaustion of state remedies. Issues: constitutionality of McNaughten Rule, misstatement of state officials re Def's. mental competency; incompetence of counsel. Petitions for writ of error coram nobis, for new trial and post-conviction relief pending in state ct.

Edward L. Genn, Esq., Colorado Bldg., Lawrence Speiser, Esq., ACLU, 1101 Vermont Ave. NW, both of Washington, D.C.; Fred Weisgal, Esq., 10 E. Fayette, Baltimore.
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372.24. New York v. Mawbey. (Washington, NY Co. Ct., #6203A, Cr 699.) Def. pleaded guilty; convicted. Writ of error coram nobis filed alleging Def. insane, denied right to consult counsel at time of judgment. Pending.

Lambert Ginsburg, Esq., 12 First St., Troy, N.Y.
372.25. Smith v. Mississippi. (U.S.S.C., #374 Misc.) (139 So.2d 857, 145 So.2d 688.) Def.-Negro convicted of rape. Sup. Ct. affirmed. Issues: whether confession coerced; whether court-appointed white lawyer failed to provide effective representation; absence of evidence to support conviction. Dec. 17, 1962: U.S.S.C. granted petition for certiorari and to proceed in forma pauperis.

Rowland Watts. Melvin L. Wulf, Esqs., ACLU, 156 Fifth Ave., NYC; William Higgs, Esq., (see 373.14)
372.26. Simon v. Maroney. (U.S.S.C.) 18-yr. old Def., with no prior criminal record and I.Q. of 59, charged with 3 robberies, 2 rapes and attempted rape; convicted. Issue. Could Def. knowingly waive right to counsel? Petition for certiorari pending.

Marjorie Hanson Matson, Esq., 1708 Law and Finance Bldg., Pittsburgh, Pa.; Rowland Watts, Esq., ACLU, 156 Fifth Ave., NYC.
372.27. Walton v. Arkansas. (U.S.S.C., #18 Misc.) (350 SW.2d 302.) Def. convicted of murder, death. Ork Sup. Ct. affirmed. Thereafter U.S.S.C. handed down Hamilton v. Alabama, 372.14, 368 U.S. 52 on right to counsel at arraignment. Oct. 22, 1962: U.S.S.C., per curiam, granted cert. and in forma pauperis petition, vacated and remanded to Ark Sup. Ct. for further consideration in light of Hamilton since record does not show that Pet. had counsel at arraignment or had "understandingly and intelligently waived that right."

And see HIGHLIGHTS.

And see cases at 512.
373. Indirect Restrictions (see also 265, 345)

373.13. U.S. v. Taylor. (ED N.C.) Def.- Negro civil rights lawyer charged with income tax violation; pleaded not guilty. Convicted; probation sentence dependent upon payment of $20,000. fine within 30 days. Def. unable to pay fine; jailed; released on bond. Issues: lack of evidence; constitutionality of jail sentence on failure to pay fine. Appeal pending.

Len Holt, Esq., 7001 Gregory Drive, Norfolk, Va.; Simon L. Cain, Esq., 815 Fifth St. NW, Washington, D.C.; David Klein, Esq., Detroit; all for Natl. Lawyers Guild Comm. to Assist Southern Lawyers; Melvin Wulf, Esq., ACLU, 156 Fifth Ave., NYC.
373.14. Mississippi v. Higgs. (Hinds Co. Crim. Ct., #13495.) Def.-white civil rights lawyer (524.2, 372.25, 304.17) arrested; charge: contributing to delinquency of minor. Def. alleges charges false; prosecution based on Def's. legal representation. Feb. 15, 1963: Def. tried in absentia, convicted.
374. Opportunity for Appellate Review

374.17. Lane v. Brown. (U.S.S.C., #283.) (196 F. Supp. 484, 302 F.2d 537, c.d. 361 U.S. 936.) Indigent-Def. convicted of murder; death. Ind. Sup. Ct. affirmed. U.S.S.C. denied cert. DC dismissed habeas corpus application for failure to exhaust administrative remedies. Def. filed coram nobis proceeding in state trial ct., represented by Public Defender; relief denied. Public Defender refused Def's. request to perfect appeal to Ind. Sup. Ct. Def's. application to state trial ct. for transcript of coram nobis hearing and appointment of appellate counsel denied. Ind. Sup. Ct. affirmed. U.S.S.C. denied cert. DC, on habeas corpus, held State had denied Def. equal protection, ordered state to provide "full, appellate review" of coram nobis denial. State failed to so provide. DC ordered Def. discharged from custody, granted State stay pending appeal. CA 7 affirmed. Mar. 18, 1963: U.S.S.C., per Stewart, J., vacated and remanded to CA to order Def. discharged unless State, within reasonable time, provides him appeal on merits to Ind. Sup. Ct. from denial of coram nobis writ, citing Griffin, 567.1 in I DOCKET 100, 351 U.S. 12; Eskridge, 374.1, 357 U.S. 214; Burns, 360 U.S. 252; Smith, 374.15, 365 U.S. 708. Harlan, J. (Clark, J.) conc.

Nathan Levy, Esq., South Bend, Ind.

And see HIGHLIGHTS.
374.18. Douglas v. California. (U.S.S.C., #34.) (10 Cal. Rptr. 188, 195.) 2 indigents jointly charged with 13 felonies; 1 Public Defender appointed for 2 moved for continuance and for appointment of second counsel due to conflict of interest; denied. Defs. dismissed counsel; their motions for separate counsel denied. Tried; convicted; prison terms. D.C.A. affirmed. Calif. Sup. Ct. denied petitions for discretionary relief without hearing. Mar. 18, 1963: U.S.S.C. (6-3) vacated and remanded, per Douglas J.: Under Calif. practice, "the type of an appeal a person is afforded in the Dist. Ct. of App. hinges upon whether or not he can pay for the assistance of counsel. If he can the appellate ct. passes on the merits of his case only after having the full benefit of written briefs and oral argument by counsel. If he cannot the appellate ct. is forced to prejudge the merits before it can even determine whether counsel should be provided . . . where the merits of the one and only appeal an indigent has as of right are decided without benefit of counsel, we think an unconstitutional line has been drawn between rich and poor." Clark, J. diss.; Harlan, J. (Stewart, J.) diss.

Marvin M. Mitchelson and Burton Marks, Esq., Beverly Hills.

And see HIGHLIGHTS.
374.19. Draper v. Washington. (U.S.S.C., #201.) (365 P.2d 31.) Def.-indigents, represented by ct.-appointed counsel, convicted of robbery; 40 yrs. Defs. filed, pro se, notices of appeal and motion to trial ct. to prepare free transcript of record and statement of facts. Trial judge heard motion; Defs. present and discharged atty. argued; Ct. denied motion. Wash. Sup. Ct. quashed writ of cert. Mar. 18, 1963: U.S.S.C. (5-4) reversed and remanded, per Goldberg, J.,
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held: State need not purchase steno's transcript in case of every indigent Def.; "Alternative methods of reporting trial proceedings are permissible if they place before the appellate ct. an equivalent report of the events at trial from which the appellant's contentions arise." After citing Eskridge, 374.1, 357 U.S. 214, the Ct. concluded: ". . . the conclusion of the trial judge that an indigent's appeal is frivolous is a similarly inadequate substitute for the full appellate review available to nonindigents in Washington, when the effect of that finding is to prevent an appellate examination based upon a sufficiently complete record of the trial proceedings themselves." White, J. (Clark, Harlan, Stewart, J.J.) diss.

Charles F. Luce, Portland, Ore.

And see HIGHLIGHTS.
380. Confrontation
381. In Criminal Cases

381.4. California v. Davenport. (2d Dist. Ct. of App.) Def. charged with possession of arms after prior felony conviction. Trial Ct. denied defense subpoena of key witness in San Quentin Prison; convicted. Issue: whether Ct. abused discretion in denying subpoena. D.C.A. affirmed.

Mitchell J. Ezer, Esq., for ACLU of S. Calif., 323 W. 5th St., Los Angeles.
382. In Civil Cases

382.1. D. Williams v. Zuckert. (U.S.S.C., #133.) Facts: VIII DOCKET 32. Jan. 14, 1963: U.S.S.C. (7-2), per curiam dismissed writ of cert. because Pets.' request for production of Air Force witnesses for cross-examination not made prior to hearing as required by regulations (5 CFR §22.607) which require Pet. to assume burden of producing such witnesses. Dougas and Black, J.J., diss.
390. Jury Trials (see also 356, 510)

390.6. Tennessee v. Myers and Horton. (U.S.S.C., #398.) Facts: VIII DOCKET 33. Nov. 13, 1962: U.S.S.C. granted State's motion to dismiss its petition for cert.
400. Excessive Bail; Parole Conditions
401. Amount of Bail
402. Conditions Imposed
403. Denial of Bail

403.8. Mississippi v. Taylor and Donaldson. (Coahoma Co. Cir. Ct.) Jan. 1963: 3 Michigan students drove south to pick up food and supplies to assist people taken off fedl. surplus food distribution program by local officials opposed to voter registration drive among Negroes. Louisville: Defs. picked up drugs contributed by local doctors. Dec. 26: Defs. stopped in Clarksdale, arrested; charge: transporting narcotics. Defs. held incommunicado; bail: $5,000. each. Upon notice of intent to file petitions for habeas corpus writs for reduction of bail, dist. atty. agreed to reduce bail to $1,500. each. Co. grand jury refused to indict Defs.; case closed.

Jack Young, Esq., 115½ Farish St., Jackson, Miss.
410. Cruel and Unusual Punishment
411. In Criminal Cases

411.11. Winston v. U.S. (U.S.S.C.) Facts: VIII DOCKET 33. Argument: April 1963.
411.12. Kennard v. Breazeale. (ND Miss., #D-C-46-62.) Facts: VIII DOCKET 33. Nov. 1962: DC dismissed petition because fedl.-state relations make it desirable that new facts re jury discrimination be submitted first to Miss. Sup. Ct. Jan. 14, 1963: Miss. Sup. Ct. denied coram nobis petition. Jan. 28: Miss. Gov. granted Def. indefinite suspension, conditioned upon future good behavior. Def. suffering from cancer.
411.13. Cobb v. Georgia. (U.S.S.C., #376.) Facts: VIII DOCKET 33. Jan. 7, 1963: U.S.S.C. denied certiorari. Apr. 12, 1963: hearing on Def's. motion for new trial based on newly discovered evidence.
411.17. In re Solomon Foster. (Santa Clara Co. Super. Ct.) Facts: VIII DOCKET 33. Pet. released; case moot, so no appeal filed.
411.19. Fleishour v. U.S., Fedl. Bureau of Prisons, Assoc. Warden, Stringfellow. (ND Ill., E. Div., #62-C-2270.) Dec. 15-16, 1962: Def.-prisoner Stringfellow assaulted Pl.-prisoner with fire extinguisher. Pl. suing under 28 U.S.C. §1346(b), 18 U.S.C. §§4081, 4082 for damages: blindness in right eye, paralysis, scars, bruises, etc. Issue: failure of Defs. to place Def.-prisoner in medical facility, failure to have any guard in vicinity at time of attack. Defs'. motion to dismiss pending.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.
411.20. Delaware v. Cannon. (Dover Super. Ct., #84, 1961.) 19-yr. old Def. convicted of grand larceny; served sentence. 1962: Def. convicted of violating probation; 3 yrs. plus 20 lashes "inflicted publicly by strokes on the bare back well laid on". Issue: does whipping violate state and/or fedl. constitutional prohibitions against cruel and unusual punishment? Awaiting decision by Dela. Sup. Ct. on questions certified to it.

Harold Schmittinger, Esq., S. State St. and James B. Messick, Esq., The Green, both of Dover.
411.21. Virginia v. Wansley. (Va. Sup. Ct. of App.) Def.-18 yr. old Negro charged with raping Japanese-American; Def. alleged he had had sexual intercourse with woman twice previously, pleaded not guilty. Feb. 1963: Convicted; death sentence. Feb. 7, 1963: Same Def. convicted of rape of 59-yr. old white woman who could not positively identify him; death sentence. Death sentence also for stealing $1.36 from one of the women. Issues: adequacy of evidence, inequality of sentence, since white man convicted in same ct. in 1962 of raping 11-yr. old Negro girl sentenced to 5 yrs. Appeal pending.

Reuben Lawson, Esq., Roanoke, (dec'd.)
412. In Extradition Cases
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413. In Civil Cases
430. Due Process for Juvenile Offenders

430.2. California v. Viohl. (Muni. Ct. City and Co. of San Francisco, #G-53454.) Facts: VIII DOCKET 34: San Francisco Police Chief issued general order not to enforce ordinance, Muni. Police Code §538.
440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (N.Y. App. Div., 2d Dept.) Facts: VIII DOCKET 34. Co. Ct. denied writ of error for third time. Appeal pending.
450. Post-Conviction Remedies
451. In State Courts in State Cases

451.1. Otsuka v. Hite. (Los Angeles Super. Co., #806155.) Facts: VIII DOCKET 35. Def. permitted Pl.-Talley to register because he had pleaded nolo contendere in Draft Act violation case, which Def. held was not a conviction under Calif. Const. Ct. overruled demurrer; awaiting trial.

Richard W. Petherbridge, Esq., 701 Bush St., Santa Ana; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.
452. In Federal Courts in State Cases

452.1. Fay v. Noia (U.S.S.C., #84.) (183 F. Supp. 222, 300 F.2d 345.) Facts: VIII DOCKET 35. Mar. 18, 1963: U.S.S.C. (6-3) affirmed, per Brennan, J.: "The narrow question is whether the respondent Noia may be granted fedl. habeas corpus relief from imprisonment under a NY conviction now admitted by the State to rest upon a confession obtained from him in violation of the Fourteenth Amendment, after he was denied state post-conviction relief because the coerced confession claim had been decided against him at the trial and Noia had allowed the time for a direct appeal to lapse without seeking review by a state appellate ct." U.S.S.C. bases judgment on different reasoning from CA: "We hold: (1) Fedl. cts. have power under the fedl. habeas corpus statute to grant relief despite the applicant's failure to have pursued a state remedy not available to him at the time he applies; the doctrine under which state procedural defaults are held to constitute an adequate and independent state law ground barring direct Supreme Court review is not to be extended to limit the power granted the fedl. cts. under the fedl. habeas statute. (2) Noia's failure to appeal was not a failure to exhaust 'the remedies available in the cts. of the State' as required by [28 U.S.C.] §2254; that requirement refers only to a failure to exhaust state remedies still open to the applicant at the time he files his application for habeas corpus in the fedl. ct. (3) Noia's failure to appeal cannot under the circumstances be deemed an intelligent and understanding waiver of his right to appeal such as to justify the withholding of fedl. habeas corpus relief." In summarizing the history of the Great Writ, the Ct. wrote: "Its root principle is that in a civilized society, gov't. must always be accountable to the judiciary for a man's imprisonment: if the imprisonment cannot be shown to conform with the fundamental requirements of law, the individual is entitled to his immediate release." further holding: "But what we hold today necessarily overrules Darr v. Burford (339 U.S. 200) to the extent it may be thought to have barred a state prisoner from fedl. habeas relief if he had failed timely to seek certiorari in this ct. from an adversary state decision. Furthermore, our decision today affects all procedural hurdles to the achievement of swift and imperative justice on habeas corpus, and because the hurdle erected by Darr . . . is unjustifiable under the principles we have expressed, even insofar as it may be deemed merely an aspect of the statutory requirement of present exhaustion, that decision in that respect also is hereby overruled." And "We therefore hold that the fedl. habeas judge may in his discretion deny relief to an applicant who has deliberately bypassed the orderly procedure of the state cts. and in so doing has forfeited his state ct. remedies. . . . [But] A choice made by counsel not participated in by the Pet. does not automatically bar relief. Nor does a state ct's. finding of waiver bar independent determination of the question by the fedl. cts. on habeas, for waiver affecting fedl. rights is a fedl. question." Clark, J. diss.; Harlan, J. (Clark and Stewart, J.J.) diss.

Leon B. Polsky, Esq., NYC.

And see HIGHLIGHTS.
452.4. U.S. ex rel. Robert Weber v. Green Haven Prison Warden. (SD NY.) 1950: Pet. convicted of robbery; 5-10 yrs. 1953: Pet. paroled. 1960: 6 days before parole terminated, Pet. charged with violating parole for 1955 disorderly conduct conviction; 4 yr. sentence. 1960-62: Pet. exhausted state remedies, filing in pro per. 1962: Pet. filed habeas corpus petition in DC; Ct. assigned counsel. Dec. 4, 1962: At hearing, Pet. denied he was person arrested on disorderly conduct charge, contended he could have proved his where-abouts in 1955 if Parole Bd. had acted sooner. DC held Bd. had acted in manner inimical to Pet's. constitutional rights; Pet. released.

Ct.-appointed counsel: Stanley J. Reiben, Esq., 160 Broadway, and S. Edmund Resciniti, Jr., both of NYC.
452.5. Jones v. Cunningham. (U.S.S.C., #77.) (294 F.2d 608.) 1946: Pet. charged with larceny, allegedly denied right to counsel; convicted. 1953: Pet. convicted of offense requiring confinement in state penitentiary; 10 yrs. because this was third such offense. 1961: Pet. filed habeas corpus petition in DC alleging invalidity of 1946 conviction; DC dismissed, CA 4 granted certificate of probable cause and leave to appeal in forma pauperis. Va. Parole Bd. paroled Pet. in "custody and control" of Bd., limiting Pet's. activities in prescribed ways. Resp.-Penitentiary Sup't. moved CA to dismiss as moot because Pet. no longer in his custody; Pet. moved to add Bd. members as Resps. CA 4 dismissed, denied Pet's. motion. Jan. 14, 1963: U.S.S.C. reversed, per Black, J., held habeas corpus a proper remedy because "While pet's. parole releases him from immediate physical imprisonment, it imposes conditions which significantly confine and restrain his freedom; that is enough to keep him in the 'custody' of the . . . Bd. within the meaning of the habeas corpus statute;" . . .

Daniel J. Meador, Esq., Charlottesville, Va.

And see HIGHLIGHTS.
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452.6. Townsend v. Sain. (U.S.S.C., #8.) (276 F.2d 324.) Jan. 1, 1954: Def.-19 yr. old addict arrested, denied committing any crimes. 18 hrs. later, after questioning, Def. complained of severe withdrawal symptoms and pains. Police Dr. administered scopolamine ("truth serum") and phenobarbitol. 2 hrs. later Def. confessed to 2 robberies and 4 murders, and in next 3 days signed confessions. Trial ct. denied Def's. motion to suppress confession of murder of Boone based on Def. being of low centality, without counsel til arraignment Jan. 12 (public defender appointed), scopolamine plus phenobarbitol affect addict causing loss of perception, eyesight, memory and will to make voluntary statement. Jury convicted; death. Ill. Sup. Ct. affirmed (2 JJ. diss.) U.S.S.C. denied cert. Trial ct. dismissed petition for collateral relief without evidentiary hearing. DC dismissed habeas corpus petition on record alone; CA 7 dismissed appeal, U.S.S.C