NCJ Number
41654
Journal
Valparaiso University Law Review Volume: 11 Issue: 1 Dated: (FALL 1976) Pages: 117-132
Date Published
1976
Length
16 pages
Annotation
THE REVIEWER ANALYZES ABSTENTION AS IT APPLIES TO FEDERAL JUDICIAL INTERVENTION OF STATE CRIMINAL PROCEEDINGS WHICH VIOLATE A DEFENDANT'S CONSTITUTIONAL RIGHTS.
Abstract
IN WALLACE V. KERN, THE SECOND CIRCUIT RULED THAT ABSTENTION BY THE FEDERAL COURT IS PROPER IN NOT REVIEWING CRIMINAL PROCEEDINGS EVEN WHEN THEY ARE LETHARGIC, INEFFICIENT, AND INEFFECTIVE IN PROTECTING DEFENDANTS' DUE PROCESS RIGHTS. ALTHOUGH THE SECOND CIRCUIT DID NOT DISTURB THE DISTRICT COURT'S FINDINGS OF FACT THAT THE OVERBURDENED CRIMINAL COURTS HAD LOST THEIR ABILITY TO FURNISH BAIL REVIEW ON DEMAND TO INDIGENT DEFENDANTS, THEY RULED THAT THE DISTRICT COURT'S INJUNCTION OF CRIMINAL PROCEEDINGS WAS AN INTRUSION ON THE STATE. THE REVIEWER THROUGH A DISCUSSION OF RELEVANT CASE LITERATURE PROPOUNDS THAT THE SECOND CIRCUIT'S DECISION IS IN ERROR....TWH