Schick, Timothy F

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DigitalCommons@NYLS News Articles The Honorable Roger J. Miner ’56 Papers Fall 11-13-1987 Miner unfazed he missed Supreme Court (Times Union) Timothy F. Schick Follow this and additional works at: https://digitalcommons.nyls.edu/news ~ TIMES UNION, ALBANY, N. Y. Nov . 13, 1987 I Miner unf a zed he missed Supreme court • ------------------~----------- "Whenever a single federal judge By Timothy,. Schick Says ·,deology a poss·1ble barrier grants a writ of habeus corpus releas-Staff writer ing a state prisioner Whose conviction U.S. Court of Appeals Judge Roger J. ------------------------------ was affirmed by the state's highest Miner of Hudson, who had been court, there is a ... strain in the dual meptioned as a possible nominee for that court ever had," said Domenick ferent states - known as diversity court system," Miner said. the U.S. Supreme court, said Thursday Gabrielli, chairman of the Albany Law cases - should be eliminated by an act The federal judge is sending the he ls not disappointed that President School trustees and a former m~mcr of of Congress. message "although you have sworn to Reagan has three times chosen other the state Court of Appeals. Diversity cases are often handled at uphold the Constitution of the United men. Miner told the law students the the same time that identical cases are States, you have failed to correct a "I feel very good about having had federal judiciary must adopt "proper working their way through state violation of the federal constitutional my name mentioned," Miner said respect for the state court system." courts, he said. Supreme Court rulings rights of the defendant and the fact during an appearance at Albany Law He said the nation's court systemis require federal judges tQ apply state that the U.S. Supreme Court has denied School, adding he had no comment on based on dual state and federal levels, laws to these matters. . .. review makes no difference," Miner the Senate rejection of Robert H. Bork which sometimes have overlapping said. and the withdrawal of Douglas H. J·urisdictions. The overlap causes ten- Miner said the argument that state Restricting federal review would d b courts would be biased in favor of the Ginsburg. sion that can best be relieve Y eliminate many frivolous cases and cut f h ba k t person who lives in the state no longer But Miner suggested he may not turning many o t ese cases c o the federal court case load, he said. have the proper conservative ideology state courts, he said. holds up. "It makes no sense for the lowest k• ·sd· t· • f d "Diversity cases are more trouble to win White House bac mg. The overlapping jur1 1c 10n ts oun d court in the federal system to be 1 f • 1 d' than they are worth," Miner sai . "Being a judge means keeping an in severa types o cases, me u mg telling the highest court in the state open mind, being subject to persuasion, those involving persons from different The Supreme Court bas given con- what to do," Miner said. weighing, listing, studying, reasoning states, habeus corpus rulings, civil flicting rulings on when the federal In civil rights cases, federal courts . . . avoiding rigidity and ideology," rights cases and criminal law. courts can abstain from diversity must allow state proceedings to be Miner said. "This approach to judging In an often technical discussion of cases, Miner said. Often a federal court exhausted before they get involved. I'm told may be the reason I didn't the history and legal· precedents of the ends up with an opinion clifferent from In criminal cases, Miner said, it is draw the winning ticket in Washing- tension that stems from the dual what the state courts would come up unfair for persons to be tried separate-ton." system, Miner cited the writings of the with. ly in state and federal courts for the Miner was touted by several other founding fathers, congressional debate "The total elimination of diversity same offense. Though some states have speakers at t~e law school as worthy of almost two centuries old and Supreme jurisdiction is the best prescription," barred dual prosecution, some prose-a seat on the U.S. Supreme Court. Court rulings. Miner said. cutors manipulate the system so the "Had this good man been nominated Miner said the longstanding practice Miner also caUed for limits on the state courts handle a case in advance be would have been appointed arid he of allowing federal courts to handle use of federal writs of habeus corpus - of the federal government, evading the would be one of the greatest judges cases involving individuals from dif- orderin the release of an individual. restrictions, Miner said. 

Miner unfazed he missed Supreme Court (Times Union)

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Miner unfazed he missed Supreme Court (Times Union)

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