Malloy v. Hogan

378 U.S. 1 (1964)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
M
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Malloy v. Hogan

United States Supreme Court
378 U.S. 1 (1964)

Play video

Facts

Police arrested William Malloy (defendant) during a gambling raid. Malloy pled guilty to a gambling misdemeanor and was placed on probation for two years. While on probation, Malloy was ordered to testify in a state-court proceeding as part of an investigation into gambling and other criminal goings-on in the county. The court’s referee asked Malloy various questions about the circumstances of his arrest and conviction. Malloy refused to answer any of the questions because he was worried that he might incriminate himself. The state court held Malloy in contempt and sent him to jail until he was ready to answer the referee’s questions. Malloy applied for a writ of habeas corpus, seeking a determination that his imprisonment was unlawful and an order that county sheriff Patrick Hogan release him. The trial court denied the writ. The Connecticut Supreme Court of Errors affirmed, ruling that the federal Fifth Amendment privilege against self-incrimination did not apply to a state proceeding and that Malloy had not properly invoked Connecticut’s version of the privilege against self-incrimination. The United States Supreme Court granted certiorari to review the matter.

Rule of Law

Issue

Holding and Reasoning (Brennan, J.)

Dissent (White, J.)

Dissent (Harlan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Criminal Law
Criminal Procedure

Key Terms