Legal Opinion · Dissent

United States v. John Francis Noto

Court of Appeals for the Second Circuit

Decided October 31, 1955No. 145, 23835Published

1DissentClark, Chief Judge

Courts cannot control their intake of criminal causes, since prosecution is an executive function; but they can and must take the responsibility for evenhanded justice as soon as they acquire jurisdiction over an accused. This means such. fair treatment in all preliminary steps as well as on final judgment. For confinement as a result of a demand for excessive bail is as direct a restriction of personal liberties as is an ultimate judgment of imprisonment. Accordingly the Supreme Court has explicitly established the right of an accused to review of an order for high bail and has made it clear…

2Cases cited3 opinions

  1. Dennis v. United StatesSupreme Court of the United States · 1951
  2. Stack v. BoyleSupreme Court of the United States · 1952
  3. Yates v. United StatesCourt of Appeals for the Ninth Circuit · 1955

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