Today in Supreme Court History: March 13, 1963

3/13/1963: Ernesto Miranda is arrested.

Comments

[Jumaira]

Not related to Miranda, but South Carolina's new gun law is atrocious. And this from a "red state." With friends like that, who needs enemies?

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Yes, from all the details and link you provide, sounds like a slam dunk that you are correct.

ETA indubitably, without a doubt.

[Jumaira]

Basically, they eliminated the permit requirement to carry concealed, but added a new host of prohibited places that look more like what you'd expect in New York or Commiefornia.

[Dan Schiavetta]

Klopfer v. North Carolina, 386 U.S. 213 (decided March 13, 1967): prosecutor can’t say “nolle prosequi” (decide not to go forward) and yet hold the defendant on a long leash; North Carolina nolle prosequi procedure, under which defendant could go where he wants but can’t move to dismiss and is subject to trial at prosecutor’s discretion, violates Sixth Amendment speedy trial right

Clyatt v. United States, 197 U.S. 207 (decided March 13, 1905): conviction for peonage (abducting debtors and forcing them to work off the debt) reversed because no showing that debtors were “returned” to peonage per the indictment (picky, picky); court also affirms that peonage statute is a valid application of Thirteenth Amendment

Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390 (decided March 13, 1968): transmitting via cable TV motion pictures was not “performing” them so as to violate Copyright Act (which was then amended to expand definition of “performing”, see American Broadcasting Cos. v. Aereo, Inc., 2014)

FTC v. Jantzen, Inc., 386 U.S. 228 (decided March 13, 1967): Finality Act of 1959 (changing the FTC’s procedures for enforcement of the Clayton Act) did not void existing FTC orders

United States v. Dakota-Montana Oil Co., 288 U.S. 459 (decided March 13, 1933): Congress can be said to approve of an agency’s construction of a statute if it re-enacts the statute without material change (here, basis of an oil depletion allowance)

Texas v. Florida, 306 U.S. 398 (decided March 13, 1939): Texas interpleads three other states to determine which state gets the estate taxes of a man whose domicile might have been in one of four states (dead man was a multimillionaire who lived all over the place); Court confirms Special Master’s conclusion that it was Massachusetts; opinion expounds on the nature of the Court’s original jurisdiction and concludes that it encompasses equitable devices such as interpleader

Affolder v. New York, Chicago & St. Louis R.R. Co., 339 U.S. 96 (decided March 13, 1950): under Federal Safety Appliance Act, railroad is strictly liable for failure of couplers to connect on contact (plaintiff lost his leg falling off car that he was trying to stop due to non-coupling)

Johnson v. Yellow Cab Transit Co., 321 U.S. 383 (decided March 13, 1944): on a military reservation (Fort Sill) United States law applied, not Oklahoma law prohibiting transportation into state of liquor without a license (Court orders return to Officers’ Club of liquors shipped in from Illinois)

Hipolite Egg Co. v. United States, 220 U.S. 45 (decided March 13, 1911): federal court has jurisdiction over seizing adulterated food after it has reached its destination in-state (here, cans of “preserved eggs” used for baking which were found to be tainted with boric acid — a sign that cockroaches were around during preparation, if you ask me!)

United States v. Post, 148 U.S. 124 (decided March 13, 1893): law limiting letter carriers to eight hours a day included non-letter-carrying time (e.g., other tasks around the post office)

[Commenter_XY]

Is Clyatt still good law? We can make people work off their debt? Hmmmm. 🙂

[John F. Carr]

Clyatt held people in peonage (illegal) but the indictment alleged he returned them to peonage (also illegal). Modern courts would drone on about "constructive amendment" and "harmless error".

He also kidnapped people across state lines, which is a federal crime now.

[Commenter_XY]

Damn, there goes some creative Commenter_XY ideas... 🙁

[Drewski]

You aren't the first person to think of forcing others to do labor for your benefit. You're not even the first one to smile while talking about it. It does settle the question of whether you're actually evil or kind of dumb. Turns out to be both.

[Syd Henderson]

I don't see how Clyatt doesn't contradict the Peonage Act of 1867 (which was justified as a power of Congress in enforcing the Thirteenth Amendment). Sounds like the Court had a collective brain fart.

[Syd Henderson]

Never mind, I misread the case. The Peonage statute is probably the one I just cited.

[Dilan Esper]

Bailey v. Alabama and Taylor v. Georgia hold peonage violates the 13th Amendment.

[Syd Henderson]

Which confirms the Peonage Act was constitutional. Although it was prompted by Debt Peonage in New Mexico (a holdover from Mexican law) it abolished it nationwide.

[SRG2]

I am delighted that Klopfer refereenced Magna Carta. I was also struck by the use of the phrase “without day” – the literal translation of sine die. Do US courts generally use “without day” instead of the Latin aa used in Britain?

[The Margrave of Azilia]

Britain is frequently without day, given how much it rains.

[Magister]

Then "rainy day" is an oxymoron?

[SRG2]

That explains why we have more redwoods than California. They like the damp.

[The Margrave of Azilia]

Klopfer was charged with trespassing on a restaurant where he and some others were protesting the ownership's racially-discriminatory policies. Other demonstrators were convicted and later pardoned. But Klopfer couldn't be pardoned because he hadn't been convicted. And they wouldn't let him have a trial. So he was worse off than if he'd been found guilty - until the U. S. Supreme Court ordered the criminal proceedings entirely dropped.

[Dan Schiavetta]

Thanks!

[Dilan Esper]

(Court orders return to Officers’ Club of liquors shipped in from Illinois)

Anyone who remembers the old "M*A*S*H" TV show knows about the fact that the officers club could have liquor even though the rest of the facility was dry.

[CJColucci]

I have heard, but been unable to verify, that some years later Ernesto Miranda was arrested and tried on another crime. When people realized he was that Ernesto Miranda, the potential jurors were asked whether they would hold that against him.

[Rubbish!]

Miranda raped an 18 year old (real rape-rape), was convicted based in part on his interrogation and confession; was found guilty, sentence was reversed by SCOTUS. He was re-tried without the confession, found guilty again, sentenced to 20-20 years, served about 5 years, was released, milled around a bit, then got stabbed in a bar fight and died. Dude who got arrested for stabbing Miranda got his Miranda rights read to him, said nothing, and there wasn't enough evidence to convict. An American story.

[SRG2]

An American story.

Yup. (wipes away a tear)

[Magister]

How could they arrest Miranda when he isn't even in the pictured lineup?