Legal Opinion · Dissent

United States ex rel. Miner v. Erickson

Court of Appeals for the Eighth Circuit

Decided June 5, 1970No. 19977Published

1DissentLay, Circuit Judge

I am unaware of another case where the law has shown such calloused insensitivity to the denial of basic constitutional rights of an individual. The proceedings in this case call to mind a critical observation by Mr. Justice Harlan made in another era: “ ‘It is not the words of the law but the internal sense of it that makes the law: the letter of the law is the body; the sense and reason of the law is the soul.’ ” Civil Rights *632Cases, 109 U.S. 3, 26, 3 S.Ct. 18, 33, 27 L. Ed. 835 (1883) (dissenting opinion). If ever the “substance and spirit of the law” were rendered subordinate to legal…

2Cases cited43 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Escobedo v. IllinoisSupreme Court of the United States · 1964
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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