New York v. O'Neill

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New York v. O'Neill
Seal of the United States Supreme Court.svg
Argued November 20, 1958
Decided March 2, 1959
Full case nameNew York v. O'Neill
Citations359 U.S. 1 ( more )
27 U.SJ.. Week 4189 [1]
Case history
PriorIn re O'Neill, 100 So. 2d 149 (Fla. 1958).
Holding
A Florida statute, established by the enactment of the Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings, on its face does not violate the Privileges and Immunities Clause of Art. IV, § 2 of the Constitution nor the Privileges and Immunities or Due Process Clause of the Fourteenth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · Felix Frankfurter
William O. Douglas  · Tom C. Clark
John M. Harlan II  · William J. Brennan Jr.
Charles E. Whittaker  · Potter Stewart
Case opinions
MajorityFrankfurter
DissentDouglas, joined by Black

New York v. O'Neill, 359 U.S. 1 (1959), was a United States Supreme Court case in which the Court held that a Florida statute, established by the enactment of the Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings which established a procedure for a witness to be subpoened with the agreement of a court in a trial state and a court in the state of the witness, on its face does not violate the Privileges and Immunities Clause of Art. IV, § 2 of the Constitution nor the Privileges and Immunities or Due Process Clause of the Fourteenth Amendment. [2] [3] [4] At the time, the uniform law had been adopted in 42 states of the United States, as well as Puerto Rico. [5] [6]

Contents

Justice Felix Frankfurter wrote the opinion for the court. [2] [4] Justice William O. Douglas, joined by Justice Hugo Black, dissented. [2] [4] The dissenting justices were of the view that a state could only require a person to travel from one state to another if he were a fugitive from justice. [4] [7]

See also

References

  1. "Attendance Of Out-Of-State Witnesses In Criminal Trials," 16 Wash. & Lee L. Rev. 120 (1959).
  2. 1 2 3 "New York v. O'Neill, 359 U.S. 1 (1959)," Justia.
  3. Darrell E. White II (May 18, 2021). "Subpoenaing Out-of-State Witnesses in Criminal Proceedings: A Step-by-Step Guide," National Association of Attorneys General.
  4. 1 2 3 4 W. Slivka (September 1959). "Uniform Law to Secure Attendance of Witnesses Upheld," Western Reserve Law Review, p. 611.
  5. "Today in Supreme Court History: March 2," captcrisis.com.
  6. "Supreme Court Decisions," ABA Journal, June 1959, volume 45, p. 615.
  7. JD McD (June 1959). "Compulsory Attendance of Nonresident Witnesses," West Virginia Law Review, Volume 61, Issue 4, p. 292.