''New York v. O'Neill'', 359 U.S. 1 (1959), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

case in which the Court held that a

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

, 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 The Privileges and Immunities Clause (United States Constitution, U.S. Constitution, Article Four of the United States Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a U.S. state, state of the United Stat ...

of Art. IV, § 2 of the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

nor the Privileges and Immunities or

Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...

of the Fourteenth Amendment."New York v. O'Neill, 359 U.S. 1 (1959),"
Justia.W. Slivka (September 1959)
"Uniform Law to Secure Attendance of Witnesses Upheld,"
''Western Reserve Law Review'', p. 611. At the time, the uniform law had been adopted in 42 states of the United States, as well as Puerto Rico. Justice

Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Born in Vienna, Frankfurter im ...

wrote the opinion for the court. Justice William O. Douglas, joined by Justice Hugo Black, dissented. 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 A fugitive or runaway is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known a ...

.JD McD (June 1959)
"Compulsory Attendance of Nonresident Witnesses,"
''West Virginia Law Review'', Volume 61, Issue 4, p. 292.

References

External links

* {{US14thAmendment, Due Process Article Four of the United States Constitution Discovery (law) United States evidence case law Florida law Legal procedure

Privileges and Immunities case law Privilege may refer to: Arts and entertainment * Privilege (film), ''Privilege'' (film), a 1967 film directed by Peter Watkins * Privilege (Ivor Cutler album), ''Privilege'' (Ivor Cutler album), 1983 * Privilege (Television Personalities album ...

Uniform Acts United States due process case law United States Fourteenth Amendment case law United States Supreme Court cases United States Supreme Court cases of the Warren Court 1959 in United States case law

See also

References

External links