Yates v. United States, No. 841

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; The CHIEFT JUSTICE; CLARK
Citation2 L.Ed.2d 837,356 U.S. 363,78 S.Ct. 766
PartiesOleta O'Connor YATES, Petitioner, v. UNITED STATES of America
Decision Date05 May 1958
Docket NumberNo. 841

356 U.S. 363
78 S.Ct. 766
2 L.Ed.2d 837
Oleta O'Connor YATES, Petitioner,

v.

UNITED STATES of America.

No. 841.
Decided May 5, 1958.

Messrs.

Ben Margolis, and Leo Branton, Jr., Los Angeles, Cal., for petitioner.

Mr. J. Lee Rankin, Sol. Gen., Washington, D.C., for respondent.

PER CURIAM.

This case has a long history, the course of which must be summarized for understanding of the Court's disposition. On July 26, 1951, petitioner was arrested for conspiracy to violate the Smith Act, 18 U.S.C. §§ 371, 2385, 18 U.S.C.A. §§ 371, 2385, and was released on furnishing $7,500 bail. On the following day bail was increased to $50,000 pending transfer of the proceedings to a different city and petitioner was recommitted. On August 2 petitioner was arraigned, and several days later bail was set at $25,000. Petitioner's

Page 364

writ of habeas corpus seeking a reduction of bail was dismissed. The district judge who had fixed bail was disqualified, see Connelly v. United States District Court 9 Cir., 191 F.2d 692, and the district judge whose sentence is now under review was assigned to the case. On motion of the Government, the court increased bail to $50,000 on August 30; petitioner's motion to reduce bail and her petition for a writ of habeas corpus were denied; on review of the denial of habeas corpus, the Court of Appeals affirmed, Stack v. Boyle 9 Cir., 192 F.2d 56. This Court, however, found that bail had 'not been fixed by proper methods' and remitted the case for the proper remedy of a motion to reduce bail, Stack v. Boyle 342 U.S. 1, 7, 72 S.Ct. 1, 4, 96 L.Ed. 3. The District Court denied such motion by petitioner, United States v. Schneiderman, 102 F.Supp. 52; on appeal, the Court of Appeals ordered bail set at $10,000. Stack v. United States, 9 Cir., 193 F.2d 875. Shortly thereafter, on December 10, 1951, petitioner, having been found to have been imporperly confined since August 30 of that year, was released on bail.

The trial under the conspiracy indictment began on February 5, 1952. Testifying in her own defense, petitioner on cross-examination on June 26 refused to answer four questions about Communist membership of other persons; she was adjudged guilty of civil contempt and committed to jail until the contempt had been purged. On June 30 she refused to answer eleven questions about Communist membership of other persons; the court announced its intention to treat these refusals as criminal contempt. At the conclusion of the trial petitioner was found guilty of conspiracy to violate the Smith Act and was sentenced to serve five years' imprisonment and to pay a $10,000 fine. The District Court denied bail pending appeal of the conspiracy conviction; on application to the Court of Appeals to fix bail, the case was remanded to the District Court, which again denied bail. United

Page 365

States v. Schneiderman, 106 F.Supp. 941. The Court of Appeals then fixed bail at $20,000, and on August 30 petitioner, upon furnishing that amount, was released from custody, having been in jail since June 26. The conspiracy conviction was later affirmed by the Court of Appeals, 9 Cir., 225 F.2d 146, but reversed by this Court, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356. The indictment was eventually dismissed on motion of the Government.

Petitioner had in the meantime, on August 8, 1952, been adjudged guilty of eleven criminal contempts for her eleven refusals to answer on June...

To continue reading

Request your trial
61 practice notes
  • Woosley v. United States, No. 71-1691.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 24, 1973
    ...1280, 2 L.Ed.2d 1405; Blockburger, supra, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306. However, in a contempt case, Yates v. United States, 356 U.S. 363, 78 U.S. 766, 2 L.Ed.2d 837 (1958), the Court not only reviewed the severity of the sentence imposed by the district court, but also set it a......
  • Irving, In re, Nos. 740-741
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 12, 1979
    ...with the order as modified. See Nilva v. United States, 352 U.S. 385, 396, 77 S.Ct. 431, 1 L.Ed.2d 415 (1957); Yates v. United States, 356 U.S. 363, 366, 78 S.Ct. 766, 2 L.Ed.2d 837 (1958); Donovan v. City of Dallas, 377 U.S. 408, 414, 84 S.Ct. 1579, 12 L.Ed.2d 409 (1964); and Southern Rail......
  • United States v. Marshall, No. 26889.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 18, 1971
    ...discovered on appeal. 7 Green v. United States, 356 U.S. 165, 188, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958). See also Yates v. United States, 356 U.S. 363, 366, 78 S.Ct. 766, 2 L.Ed.2d 837 8 The authorities supporting this rule are legion. Many of the recent cases are collected at 3 C. Wright, Fe......
  • United States v. Dickinson, No. 71-3469.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 22, 1972
    ...Gompers v. Buck's Stove & Range Co., supra, 221 U.S. at 450, 31 S.Ct. at 501, 55 L.Ed. at 809. See also Yates v. United States, 1958, 356 U.S. 363, 78 S.Ct. 766, 2 L.Ed.2d 837; United States v. Fidanian, 5 Cir., 1972, 465 F.2d 465 F.2d 511 No Distinction Between Press and Speech Appellants ......
  • Request a trial to view additional results
60 cases
  • Woosley v. United States, No. 71-1691.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 24, 1973
    ...1280, 2 L.Ed.2d 1405; Blockburger, supra, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306. However, in a contempt case, Yates v. United States, 356 U.S. 363, 78 U.S. 766, 2 L.Ed.2d 837 (1958), the Court not only reviewed the severity of the sentence imposed by the district court, but also set it a......
  • Irving, In re, Nos. 740-741
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 12, 1979
    ...with the order as modified. See Nilva v. United States, 352 U.S. 385, 396, 77 S.Ct. 431, 1 L.Ed.2d 415 (1957); Yates v. United States, 356 U.S. 363, 366, 78 S.Ct. 766, 2 L.Ed.2d 837 (1958); Donovan v. City of Dallas, 377 U.S. 408, 414, 84 S.Ct. 1579, 12 L.Ed.2d 409 (1964); and Southern Rail......
  • United States v. Marshall, No. 26889.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 18, 1971
    ...discovered on appeal. 7 Green v. United States, 356 U.S. 165, 188, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958). See also Yates v. United States, 356 U.S. 363, 366, 78 S.Ct. 766, 2 L.Ed.2d 837 8 The authorities supporting this rule are legion. Many of the recent cases are collected at 3 C. Wright, Fe......
  • United States v. Dickinson, No. 71-3469.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 22, 1972
    ...Gompers v. Buck's Stove & Range Co., supra, 221 U.S. at 450, 31 S.Ct. at 501, 55 L.Ed. at 809. See also Yates v. United States, 1958, 356 U.S. 363, 78 S.Ct. 766, 2 L.Ed.2d 837; United States v. Fidanian, 5 Cir., 1972, 465 F.2d 465 F.2d 511 No Distinction Between Press and Speech Appellants ......
  • Request a trial to view additional results
1 books & journal articles
  • Supreme Court Behavior and Civil Rights
    • United States
    • Political Research Quarterly Nbr. 13-2, June 1960
    • June 1, 1960
    ...Alcorta v. Texas, 355 U.S. 28 (1957); Moore v. Michigan, 355 U.S. 155 (1957); Yates v. U.S. (1), 355 U.S. 66 (1957); Yates v. U.S. (2), 356 U.S. 363 (1958); Brown v. U.S., 356 U.S. 148 (1958); Green v. U.S. (1), 355 U.S. 184 (1957); Green v. U.S. (2), 356U.S. 165 (1958); Rathbun v. U.S., 35......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT