Criminal Procedure: Availability of Federal Court Injunction to Prevent Federal Officer from Testifying in State Court as to Illegally-Obtained Evidence

1956 ◽  
Vol 54 (8) ◽  
pp. 1177
Author(s):  
Edward C. Hanpeter

2017 ◽  
Author(s):  
Kevin C. Walsh

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.





Sign in / Sign up

Export Citation Format

Share Document