Legal Opinion

Johns v. State

Indiana Supreme Court

Decided December 21, 1949No. 28,594PublishedCited by 1 opinion

1Dissent

DISSENTING OPINION

Emmert, J.

The Indiana courts ought to wash their own judicial linen. It is the duty of this court to see that this is done. We should not leave without a state remedy, wrongs which will have to be corrected in the federal courts. As long as the federal constitution “shall be the supreme law of the land; and the judges in every state shall be bound thereby . . . anything in the constitution or laws of any state to the contrary notwithstanding,” 1 it is our sworn duty to enforce “due process” under the Fourteenth Amendment. Society suifers, respect for law is weakened and…

Also in this document: Concurrence.

2Cases cited33 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. Von Moltke v. GilliesSupreme Court of the United States · 1948
  4. Watts v. IndianaSupreme Court of the United States · 1949
  5. Hawk v. OlsonSupreme Court of the United States · 1945

28 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Johns v. StateIndiana Supreme Court · 1949

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API