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Today in Supreme Court History: October 28

Oct 28, 2023
1 min read

Jackson v. Allen, 132 U.S. 27 (decided October 28, 1889): case should not have been removed because diversity of citizenship not clearly established; vacating judgment after trial and remanding to Circuit Court with directions to remand to state court (interestingly the Court notes that citizenship at the time of removal was relevant, as well as at the time of commencement; I thought only the latter was looked to) (I know from experience that federal judges will insist on tracking down every silent partner of every party before ruling on diversity)


Bartone v. United States, 375 U.S. 52 (decided October 28, 1963): a federal court can’t extend a sentence for violation of parole without the parolee being present (see Fed. R. Crim. Pro. 43)


Fuller v. Alaska, 393 U.S. 80 (decided October 28, 1968): here the Court holds that a recently announced exclusionary rule (as to evidence from illegal wiretaps) is to be applied only prospectively

 
 
 

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