Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!wuarchive!sdd.hp.com!spool.mu.edu!uunet!world!world!jsharaf From: jsharaf@world.std.com (Jim Sharaf) Newsgroups: comp.org.eff.talk Subject: Re: Forced Entry Message-ID: Date: 22 Feb 91 01:43:10 GMT References: <3326@igloo.scum.com> <3331@igloo.scum.com> Sender: jsharaf@world.std.com (Jim Sharaf) Organization: The C-in-a-Circle Ranch Lines: 60 In-Reply-To: learn@igloo.scum.com's message of 14 Feb 91 01:35:35 GMT In article <3331@igloo.scum.com> learn@igloo.scum.com (Bill HMRP Vajk) writes: > In article Christopher Davis writes: > > ~ Bill> 'Who's there', and then broke into his home when the defendant > ~ Bill> attempted to close the door. All evidence seized as the result of > ~ Bill> unlawful arrest was inadmissible." > > ~ Bill> I note with mild amusement the mindset of the author of the text. > ~ Bill> It is obvious who the defendant in Miller v. U.S. was. It wasn't > ~ Bill> Miller. > > ~ Actually, the *original* defendant was probably Miller. If I recall my > ~ Biz Law class properly (it's been a couple years, and it wasn't exactly > ~ my major, so your mileage may vary, etc., etc... Mike Godwin can > ~ probably affirm/refute this): > > ~ Appealed ruling have the *appealing* party listed first. Therefore, the > ~ original court case was "U.S. v. Miller." When it reached appellate > ~ courts, it became "Miller v. U.S." instead. > > The defendant in the case was the US, period. The case being quoted is > Miller v. U.S. The history of how the case got there has absolutely > nothing to do with the fact that the author continued to think of Miller > as the defendant even when Miller bacame the plaintiff. It doesn't really matter all that much, but Miller didn't become the plaintiff when he appealed -- he's still the defendant. If you look at the caption of the case in the Supreme Court (the caption is the formal title, listing the parties and their positions in the case), it probably reads something like this: John [I've made up a first name] Miller, Defendant-Appellant vs. United States of America, Plaintiff-Appellee -- ___________________________________________________________________________ | "The C-in-a-Circle Ranch" | ________ | James A. Sharaf / \ | 46 Newbury Street / cc \ | Newton, Massachusetts 02159 / c c \ | / c \ | (617) 964-5866 \ c c / | Internet: jsharaf@world.std.com \ cc / | UUCP: uunet!world!jsharaf \ / | \________/ | | ______________________________________|_____________________________________ -- ___________________________________________________________________________ | "The C-in-a-Circle Ranch" | ________ | James A. Sharaf