Clarke v. Huff

Citation73 App. DC 351,119 F.2d 204
Decision Date31 March 1941
Docket NumberNo. 7772.,7772.
PartiesCLARKE v. HUFF.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Neil Burkinshaw, of Washington, D. C., for appellant.

Edward M. Curran, U. S. Atty., and Bernard Margolius, William S. Tarver, Charles B. Murray, and Dennis McCarthy, Asst. U. S. Attys., all of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.

PER CURIAM.

The appeal is from an order of the District Court discharging a writ of habeas corpus, dismissing appellant's petition upon which it was issued and remanding appellant to the custody of the appellee.

Appellant was convicted and sentenced to imprisonment for the crime of embezzlement. As grounds for release he asserts that his constitutional rights have been violated in the course of the criminal proceedings which resulted in his conviction. The alleged violations consisted in: (1) the fact that he was indicted by a grand jury without a warrant having been issued for his arrest prior to the indictment and without a preliminary hearing having been afforded to him; (2) alleged intimidation of Government witnesses by the prosecuting attorney at the trial; (3) the refusal of the court at the habeas corpus proceeding below to admit evidence offered by the appellant addressed to the issue of his guilt or innocence of the crime for which he was convicted.

There is no constitutional right to a preliminary hearing prior to indictment or prior to trial. Goldsby v. United States, 1895, 160 U.S. 70, 73, 16 S.Ct. 216, 40 L.Ed. 343; Garrison v. Johnston, 9 Cir., 1939, 104 F.2d 128, 130; Moore v. Aderhold, 10 Cir., 1939, 108 F.2d 729, 731. Nor is there a constitutional right to be apprised of grand jury proceedings by a warrant issued for arrest prior to such proceedings. Cf. United States v. Thompson, 1920, 251 U.S. 407, 413, 40 S.Ct. 289, 64 L.Ed. 333; Blair v. United States, 1919, 250 U.S. 273, 282, 39 S.Ct. 468, 63 L.Ed. 979; Hale v. Henkel, 1906, 201 U.S. 43, 59-65, 26 S.Ct. 370, 50 L.Ed. 652; United States v. Liebrich, D.C.M.D.Pa.1932, 55 F.2d 341; United States v. Reilly, D.C.E.D.Pa.1929, 30 F.2d 866; United States ex rel. Perry v. Hiatt, D.C.M.D.Pa.1940, 33 F.Supp. 1022.

The only evidence to sustain the charge of intimidation by the prosecuting attorney was in the fact that a few minutes before the trial he interviewed certain of the witnesses, showed them signed statements which they had made of their testimony before the...

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27 cases
  • Wood v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 9 Marzo 1942
    ...would violate constitutional right. Though we have held recently that there is no such right to a preliminary hearing, Clarke v. Huff, 1941, 73 App.D.C. 351, 119 F.2d 204, it does not follow that there are none in its course when one is held. Cf. Boykin v. Huff, 1941, 73 App. D.C. 378, 121 ......
  • M. A. P. v. Ryan
    • United States
    • D.C. Court of Appeals
    • 29 Diciembre 1971
    ...there is a constitutional right to a probable cause hearing, and it was forced to explain away the previous holding in Clarke v. Huff, 73 App.D.C. 351, 119 F.2d 204 (1941) that "[t]here is no constitutional right to a preliminary hearing prior to indictment or prior to trial." We have looke......
  • Washington v. Clemmer, 18602.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 11 Mayo 1964
    ...has even held that "There is no constitutional right to a preliminary hearing prior to indictment or prior to trial." Clarke v. Huff, 73 App.D.C. 351, 119 F.2d 204 (1941). I will pass over other respects in which I disagree from the opinions prepared by the sitting division. I would have gr......
  • Baker v. Hudspeth
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 2 Septiembre 1942
    ...S.Ct. 665, 59 L.Ed. 1220; Moore v. Aderhold, 10 Cir., 108 F.2d 729, 732; Garrison v. Hudspeth, 10 Cir., 108 F.2d 733; Clarke v. Huff, 73 App.D.C. 351, 119 F.2d 204, 205, and Curtis v. Rives, App.D.C., 123 F.2d The judgment of the trial court is affirmed. ...
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