Leviton v. United States
Decision Date | 12 May 1952 |
Docket Number | M,No. 326,326 |
Parties | Rubin LEVITON, Arthur Blumenfeld and Martin Markowitz, petitioners, v. The UNITED STATES of America. isc |
Court | U.S. Supreme Court |
See 343 U.S. 988, 72 S.Ct. 1079.
Mr. Sidney Feldshuh, for petitioner Leviton.
Mr. John Logan O'Donnell, for petitioner Markowitz.
Mr. David E. Scoll, for petitioner Blumenfeld.
This seems to me to be another instance where it becomes helpful to an understanding of the exercise of the Court's discretionary jurisdiction in granting or denying certiorari, to indicate the kind of question that did not commend itself to at least four Justices as appropriate for review by this Court. Several questions were raised by the petition for certiorari. It suffices to indicate the nature of only one, which can be most helpfully conveyed by giving the views of the Court of Appeals and of the dissenting opinion. 2 Cir., 193 F.2d 848.
Speaking for that court, Judge Clark, with the concurrence of Chief Judge Swan, stated the matter thus:
Judge Frank in dissent took this view of the question:
'On the second day of trial, the prosecutor held a 'press conference' after court. He told the newspaper reporters of matters which (so he later advised the court) they promised not to print. In the next morning's New York Times, there appeared a story, told with typical journalistic vigor, about 'export racketeers' who 'poured $500,000 of commodities into European and South African black markets.' The significance of the newspaper story was this: It professed to recount the testimony of a witness that Leviton, over the phone, had offered him a $200 bribe to withdraw from customs files a fraudulent declara- tion. The article detailed the attempted bribe, the meeting place for its completion and the substitution of a $44 gift of shirts for the originally-offered $200. This most damaging story of the $200 bribe is wholly unsupported by the evidence. Accordingly, had the prosecutor written letters to the jurors retelling this story, of course we would reverse. He did the equivalent. For it is outrightly conceded that the Times reporter learned this tale from the prosecutor, and that four copies of the newspaper article were found in the jury-room on the third day of the trial.
'My colleagues admit that 'trial...
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United States v. Schneiderman, Cr. No. 22131.
... ... These observations of the scholarly Justice, written for a unanimous court in 1910 before the advent of radio or television, would seem a multo fortiorari sound today. United States v. Weber, 2 Cir., 1952, 197 F.2d 237, 239; United States v. Leviton, 2 Cir., 1951, 193 F.2d 848, 857, certiorari denied, with opinion by Mr. Justice Frankfurter, 1952, 343 U.S. 946, 72 S.Ct. 860; United States v. Keegan, 2 Cir., 1944, 141 F.2d 248, 258, reversed on other grounds, 1945, 325 U.S. 478, 65 S.Ct. 1203, 89 L.Ed. 1745 ... There has been ... ...
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United States v. Agueci
...incriminatory out-of-court conduct, see, e. g., United States v. Leviton, 193 F.2d 848 (2d Cir., 1951), cert. denied, 343 U.S. 946, 72 S.Ct. 860, 96 L.Ed. 1350 (1952). Another matter of no small consequence which influenced the disposition of the cases cited to us on behalf of the appellant......
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Ogden v. United States
...Mfg. Co., 231 F.2d 149, 152 (2d Cir. 1956); United States v. Leviton, 193 F.2d 848, 851 (2d Cir. 1951), cert. denied 343 U.S. 946, 72 S.Ct. 860, 96 L.Ed. 1350; Nye & Nissen v. United States, 168 F.2d 846, 851 (9th Cir. 1948), aff'd 336 U.S. 613, 69 S.Ct. 766, 93 L.Ed. 919. 74 The essence of......
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...no prejudice. United States v. Agueci, supra; United States v. Leviton, 193 F.2d 848 (2d Cir. 1951), cert. denied, 343 U.S. 946, 72 S.Ct. 860, 96 L.Ed. 1350 (1952). C. Denial of Right to Counsel — Adequacy of Time to Prepare for A number of appellants contend that they were denied the effec......