COLOMBO

v.

NEW YORK

Citator

Cited By

• United States v. Cunningham, 446 F.2d 194 (2d Cir. 1971)
  …in United States v. Fiore, 443 F. 2d 112 (2d Cir. 1971), not prior sworn testimony as in United States v. Mingoia, 424 F. 2d 710, 713 (2d Cir. 1970) or United States v. Insana, 423 F. 2d 1165, 1170 (2d Cir.), cert. denied, 400 U.S. 841, 91 S.Ct. 83, 27 L.Ed.2d 16 (1970). Proposed Rule 801(d) (1), 51 F.R.D. at 413, permitting this kind of interrogation, will hopefully be reconsidered, since here is a case where the rule’s abuse is evident. The curative instructions, however well-intentioned, cannot have eras…
• Long Island Vietnam Moratorium Comm. v. Cahn, 437 F.2d 344 (2d Cir. 1970)
  …a greater degree of state control than has verbal communication. United States v. O’Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968); New York v. Radich, 26 N.Y.2d 114, 308 N.Y.S.2d 846, 257 N.E. 2d 30 (1970), prob. jur. noted 400 U.S. 864, 91 S.Ct. 99, 27 L.Ed.2d 102 (1970). The protection of such nonverbal communication is not absolute, but may be limited by a valid state interest. With respect to the flag uses described above, however, the state has no valid interest in prohibiting them. In Str…
• Colombo v. New York, 405 U.S. 9 (U.S. 1972)
  …f the Fifth Amendment. People v. Colombo, 25 N. Y. 2d 641, 254 N. E. 2d 340. We granted the petition for certi-orari, vacated the judgment of the New York Court of Appeals, and remanded for consideration in light of Waller v. Florida, 397 U. S. 387. 400 U. S. 16. On remand, however, the Court of Appeals adhered to its earlier decision, reasoning that the first citation was for civil contempt while the indictment charged a criminal offense and that “two distinct acts [were] being punished — refusal to testif…

Authorities Cited

• Waller v. Florida, 397 U.S. 387 (U.S. 1970)