MARDER
v.
MASSACHUSETTS

U.S. | 1964-06-01
No. 819
with whom Mr. Justice Douglas joins,, Mr. Justice White is of the opinion that probable jurisdiction should be noted.
377 U.S. 407 Supreme Court of the United States (1964) Negative Treatment
Also reported at: 12 L. Ed. 2d 405 · 84 S. Ct. 1626 · 1964 U.S. LEXIS 1146 · SCDB 1963-131
Cited by 85 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.

Dissent
Mr. Justice Goldberg,

Mr. Justice Goldberg,

with whom Mr. Justice Douglas joins,

dissenting.

This appeal raises the question of whether a person charged with a traffic violation (or presumably any other criminal offense) may be forced by a statute, General Laws of Mass., c. 90, §§20 and 20A, to choose between foregoing a trial by pleading guilty and paying a small fine, or going to trial and thereby exposing himself to the possibility of a greater punishment if found guilty. I express no view on the merits of this question. But I would note probable jurisdiction, since the issue, in my view, presents a substantial federal question, and since I am not convinced that the generally sound advice to “pay the two dollars” necessarily reflects a constitutionally permissible requirement.

Mr. Justice White is of the opinion that probable jurisdiction should be noted.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (42 total)

  • Boyd v. State, 389 So. 2d 642 (Fla. 2d DCA 1980)
    …his requires. Judge Hand’s analysis has been adopted and followed in both federal and state courts. E. g., Carbo v. United States, 314 F. 2d 718 (9th Cir. 1963), cert. denied, 377 U.S. 953, 84 S.Ct. 1265, 12 L.Ed.2d 498, cert. denied, 377 U.S. 953, 84 S.Ct. 1626, 12 L.Ed.2d 498, cert. denied, 377 U.S. 953, 84 S.Ct. 1627, 12 L.Ed.2d 498; People v. Halpin, App.Div., 418 N.Y.S.2d 929 (App.Div. 1979). Finding no error in the trial judge’s refusal to give an instruction similar to that requested by appellant in…
  • Parker v. State, 276 So. 2d 98 (Fla. 4th DCA 1973)
    …has been established as a predicate for the admission of co-conspiratorial declarations and acts is a question for the trial judge to determine —not the jury. Carbo v. United States, 9 Cir. 1963, 314 F. 2d 718, 737, cert. denied, 1964, 377 U.S. 953, 84 S.Ct. 1626, 12 L.Ed. 2d 498. Orderly procedure demands that normally such predicate be established before and not after the acts and declarations of co-conspirators are introduced. But see Honchell v. State, Fla.1971, 257 So. 2d 889 which suggests that the ord…
  • Hudson v. State, 276 So. 2d 89 (Fla. 4th DCA 1973)
    …e case has been established as a predicate for the admission of co-conspiratorial declarations is a question for the trial judge to determine — not the jury. Carbo v. United States, 9 Cir. 1963, 314 F. 2d 718, 737, cert. denied, 1964, 377 U. S. 953, 84 S.Ct. 1626, 12 L.Ed.2d 498. Orderly procedure normally requires that such predicate be established before and not after the co-conspiratorial declarations are introduced. But see Honchell v. State, Fla.1971, 257 So. 2d 889 which suggests that the order of proo…

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