BURK

v.

NEW MEXICO

Citator

Cited By

• Andrews v. Louisville & Nashville R.R. Co., 406 U.S. 320 (U.S. 1972)
  …Act, 44 Stat. 679, as amended, 48 Stat. 1191, 46 U. S. C. § 153 First (i). See also 1966 amendments to § 3 Second, 80 Stat. 208. The District Court granted the motion, and the Court of Appeals for the Fifth Circuit affirmed. We granted certiorari, 404 U. S. 955, and are once more confronted with the question of whether Moore-v. Illinois Central B. Co., 312 U. S. 630 (1941), should be overruled. Moore held that a railroad employee who elected to treat his employer’s breach of the employment contract as a d…
• Brooks v. Tennessee, 406 U.S. 605 (U.S. 1972)
  …ding his claim that § 40-2403 violated the State and Federal Constitutions. The Supreme Court of Tennessee denied review, and we granted certiorari to consider whether the requirement that a defendant testify first violates the Federal Constitution. 404 U. S. 955 (1971). We reverse. [*607] I The rule that a defendant must testify first is related to the ancient practice of sequestering prospective witnesses in order to prevent their being influenced by other testimony in the case. See 6 J. Wigmore, Evidence…
• Friedberg v. Resor, 453 F.2d 935 (2d Cir. 1971)
  …rsonam jurisdiction over respondent was not raised and any possible objection was waived by respondent’s appearance. See Rosengart v. Laird, 449 F. 2d 523 (2d Cir. June 9, 1971), and cf. Strait v. Laird, 445 F. 2d 843 (9th Cir. 1971), cert, granted, 404 U.S. 955, 92 S.Ct. 308, 30 L.Ed.2d 271. The District Court found that there was a “solid factual basis” for the Review Board’s determination that Friedberg was insincere in his alleged beliefs2 and denied the habeas corpus petition. Friedberg appeals claimi…