Name: Lanza v. New York — Concurrence
Author: John Marshall Harlan II

Quotes from Lanza v. New York — Concurrence (John Marshall Harlan II)

John Marshall Harlan II, Lanza v. New York — Concurrence

“ And finally the Appellate Division of the Supreme Court, affirmed by the New York Court of Appeals, reduced the bizarre and unprecedented sentence of ten years for contempt of court to one year.
It seems to me that when this Court puts its imprimatur upon conduct so universally reproached by every branch of the government of the State in which the case arose, we invite official lawlessness which, in the long run, can be far more harmful to our society than individual contumacy. ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ Under these circumstances, it is apparent that the judgment of the Court of Appeals of New York can be adequately supported by an independent ground of state law. It is the settled law of that court that there is no occasion to review a conviction on one count of an indictment or information if the judgment and sentence are sufficiently sustained by another count. [1] Since this Court is thus able to see that the judgment of the court below-which is unelucidated by any opinion-is maintainable on an adequate, independent state ground, it should forbear from any further review of the case ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ And even if this Court were somehow free to disregard the law of New York, the Court has in the past limited its review of a state conviction in accordance with 'the rule, frequently stated by this court, that a judgment upon an indictment containing several counts, with a verdict of guilty upon each, will be sustained if any count is good, and sufficient in itself to support the judgment.' Whitfield v. ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ It has been reported that a New York trial court judge found it necessary to release a prisoner without bail so that he would be able to consult his attorney, the judge not being able to feel confident after this incident that there was any jail in the State where the prisoner and his lawyers could be secure against electronic eavesdropping. ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ The petitioner was convicted on several counts for failure to answer each of a number of questions put to him by a state legislative committee. On appeal, the judgment, which had imposed 10 identical sentences to run consecutively, was modified by the Appellate Division to provide that the sentences on each count should run concurrently. The record shows, affirmatively and without rebuttal, that at least two of the questions were conceived and propounded independently of the search and seizure which the petitioner claims infringed his constitutional rights ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ New York State Thruway Authority, supra. What makes this Court's action singularly unfortunate is that the state courts, state officials and the people of New York State, have uniformly condemned the eavesdropping in this case as deplorable. The New York Appellate Division termed the action at the jail 'reprehensible and offensive,' People v. Lanza, 10 App.Div.2d 315, 318, 199 N.Y.S.2d 598, 601; earlier the court had called it 'atrocious and inexcusable,' Lanza v. New York State Joint Legislative Committee, 3 App.Div.2d 531, 533, 162 N.Y.S.2d 467, 470 ”

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Source: Wikisource

John Marshall Harlan II, Lanza v. New York — Concurrence

“ Enterprise Irrigation District v. Farmers Mutual Canal Co., 243 U.S. 157, 37 S.Ct. 318, 61 L.Ed. 644; Murdock v. Memphis, 20 Wall. 590, 22 L.Ed. 429, and would warrant dismissing the writ as improvidently granted, Benz v. ”

John Marshall Harlan II

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Quotes from Lanza v. New York — Concurrence (John Marshall Harlan II)

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John Marshall Harlan II

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Quotes from Lanza v. New York — Concurrence (John Marshall Harlan II)

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