United States v. Moreland

United States v. Moreland
Argued March 9, 1922
Decided April 17, 1922
Full case nameUnited States v. Moreland
Citations258 U.S. 433 (more)
42 S. Ct. 368; 66 L. Ed. 700; 1922 U.S. LEXIS 2292
Holding
A sentence of hard labor is considered infamous punishment, requiring a grand-jury indictment under the Fifth Amendment.
Court membership
Chief Justice
William H. Taft
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinions
MajorityMcKenna, joined by Day, Van Devanter, Pitney, McReynolds
DissentBrandeis, joined by Taft, Holmes
Clarke took no part in the consideration or decision of the case.

United States v. Moreland, 258 U.S. 433 (1922), was a case heard by the Supreme Court of the United States on March 9 and 10, 1922, and decided a month later on April 17. The case involved a Fifth Amendment rights issue centering on whether or not hard labor was an infamous punishment (thus triggering the necessity of a grand jury indictment) or whether imprisonment in a penitentiary was a necessity for punishment to be considered infamous.

The majority opinion also included the court's contention for continued support of the findings of a previously held case, Wong Wing v. United States, 163 U.S. 228 (1896). Lawyers for the United States argued that Wong Wing was improperly applied in the Moreland case, and had been modified or overruled by subsequent cases. The court strongly rejected the government's contentions regarding Wong Wing in its opinion, and ruled in favor of Moreland.