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Today in Supreme Court History: October 28

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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 (Court says citizenship at time of removal was relevant, as well as time suit was commenced; 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 to confirm diversity, even if nobody is contesting it)


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): recently announced exclusionary rule (as to evidence from illegal wiretaps) is to be applied only prospectively

 
 
 

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