SMEREKA

v.

MICHIGAN

Citator

Cited By

• United States v. Curry, 358 F.2d 904 (2d Cir. 1965)
  …7, 348 F. 2d 84, 91-93, particularly p. 91 n. 1, cert. denied, 382 U.S. 909, 86 S.Ct. 247, 15 L.Ed.2d 160 (1965); United States ex rel. Scoleri v. Banmiller, supra; United States ex rel. Thompson v. Price, 258 F. 2d 918, 922 (3d Cir.), cert. denied, 358 U.S. 922, 79 S.Ct. 295, 3 L.Ed.2d 241 (1958); Model Penal Code § 210.6 (Proposed Official Draft, May 4, 1962); 1 Wigmore, Evidence § 194b, at 660-61 (3d ed. 1940); cf. Jackson v. Denno, 378 U.S. 368, 389 n. 16, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). Rational…

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• United States ex rel. Anthony Scoleri v. Banmiller, 310 F.2d 720 (3d Cir. 1962)
  …ia procedure pursued in the Scoleri trial the majority is overruling — and not merely limiting, as it asserts — our express ruling to the contrary just four years ago in United States ex rel. Thompson v. Price, 258 F. 2d 918, 922, 3 Cir., cert. den. 358 U.S. 922, 77 S.Ct. 295, 3 L.Ed.2d 241 (1958). In Price, “We conclude [d] that the Pennsylvania procedure here under attack does not pass the bounds laid down for state procedure by the due process clause.” We prefaced that holding with the statement that “It…

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• United States v. LEE, 428 F.2d 917 (6th Cir. 1970)
  …by Article III courts. Courts martial are authorized under Article I of the Constitution. Osborn v. United States, 322 F. 2d 835, 838-839 (5th Cir. 1963); cf. United States ex rel. Thompson v. Price, 258 F. 2d 918, 922 (3rd Cir. 1958), cert. denied, 358 U.S. 922, 79 S.Ct. 295, 3 L.Ed.2d 241. In cases in which courts martial have jurisdiction, their judgments are to “be accorded, the finality and conclusiveness as to the issues involved which attend the judgments of a civil court in a case of which it may l…